This bail application by Ranjeet regarding offences under Section 489-A IPC was allowed. The Court noted the release of a co-accused on bail, lack of independent witness for recovery, and the applicant's lack of criminal history, finding reasons to grant bail subject to conditions.
Release on bail via personal bond and two family sureties each.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7187 of 2023
Applicant :- Ranjeet Opposite Party :- State of U.P. Counsel for Applicant :- Usha Srivastava,Arjit Srivastava,Rajesh Singh,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Mithlesh Kumar, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.23 of 2023, under Sections 489-A, 489-B, 489-C, 489-D I.P.C., P.S. Shikohabad, District Firozabad.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; the nothing has been recovered from possession of applicant; there is no independent witness of the alleged recovery. The co-accused namely Sonu Pandit has already been released on bail by Co-ordinate Bench of this Court vide order dated 22.3.2023 passed in Criminal Misc. Bail Application No.11116 of 2023, a copy of said order has been produced by learned counsel for the applicant which is taken on record. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 10.1.2023 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Ranjeet , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties (one should be of a family member) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 19.4.2023 Dev/-
Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant has made out a case for bail under the circumstances of Section 489-A and related IPC offences.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherExplained¶9
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
1 provisions across 1 enactments
Ranjeet
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
