Bhola Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Neutral Citation No. - 2024:AHC-LKO:36351

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5048 of 2024

Applicant :- Bhola Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Azmi Yousuf,Barkha Kumari Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J .

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Heard learned counsel for the applicant and learned AGA for the State-respondent.

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The instant application has been moved seeking bail in respect of Case Crime No.0604 of 2023 under Sections 457, 380, 411, 413 IPC, Police Station Nighasan, District Lakhimpur Kheri.

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The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the case.

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Submission of learned counsel for the applicant is that the impugned FIR has been lodged against unknown persons.

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As per the content of the FIR, it is alleged that the complainant had recently inaugurated his shop of jewelry under the name of Raj Jeweller on 16.10.2023 and in the intervening night of 18.10.2023 and 19.10.2023, it is alleged that some criminal persons had entered in the shop and took away the ornaments of gold and silver as well as other valued items. It is further stated that when the complainant reached his shop on 19.10.2023 at around 9.00 a.m., he became aware of the theft. It is also stated that there was foot print of the alleged thieves from roof to shop.

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It is further submitted that as per the prosecution case, the applicant along with other co-accused is said to have been apprehended along with valuable items of gold which were found on the person of the applicant, it is submitted that the alleged recovery is false. No independent witness is present. It is further pointed out that the applicant who otherwise is in jail since 07.11.2023. It is also pointed out that even during investigation, nothing could be found neither from the CCTV footage nor any investigation was done regarding the theft and

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certain footprint which were found as mentioned in the FIR and only to show good work, the applicant has been apprehended.

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It is further alleged that apart from the instant case, the applicant has three more cases, the details of which has been mentioned in paragraph 16 of the bail application out of which in two cases, he has been bailed whereas in the third case, the charge sheet has been filed.

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It is further pointed out that one of the co-accused Manohar @ Nanhu has been enlarged on bail by this Court vide order dated 06.05.2024 in Criminal Misc. Bail Application No. 4823 of 2024, a copy of the bail order has been provided to the Court for perusal which is taken on record.

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Learned AGA has opposed the prayer for bail and submits that the applicant was caught with the items stolen, however, the fact is that no verification was made through CCTV and nor any investigation has been done regarding the alleged footprint which was said to be there at the place of occurrence.

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It is also urged that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses, apart from the fact that he has been in jail since 07.11.2023. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail

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Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.

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Considering the rival submissions as well as the facts and circumstances of the case and the material available on record also considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

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Accordingly, the instant bail application is allowed .

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Let the applicant- Bhola involved in the above-mentioned case crime be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned. At the time of executing required sureties, the following conditions shall be imposed in the

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interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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O rder Date :- 9.5.2024 Asheesh

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Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Bhola v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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