Javed Vs State of U.P. Thru. Prin. Secy. Home Lko — Allahabad HC (2024) — LawSathi Research

Javed Vs State of U.P. Thru. Prin. Secy. Home Lko — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Javed on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) shall not tamper with prosecution evidence; (ii) shall not pressurize prosecution witnesses; (iii) shall appear on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant Javed is entitled to be released on bail in Case Crime No. 49 of 2023 under Sections 395 I.P.C., registered at Police Station Banthra, District Lucknow.

Ratio / Principle

The applicant was not named in the FIR and was implicated on the basis of the custodial statement of co-accused persons who had already been granted bail.

Key takeaways

Nothing having been recovered from the applicant and the applicant languishing in jail since 30.04.2024, the court held that the applicant is also entitled to be released on bail.ratio¶14

Detailed headnote1 paragraphs

Bail allowed. Single judge (Subhash Vidyarthi, J., High Court of Judicature at Allahabad, Lucknow Bench) granted bail to applicant Javed in Case Crime No. 49 of 2023 under Sections 395 I.P.C., P.S. Banthra, District Lucknow. The applicant was not named in the FIR lodged on 16.02.2023 alleging robbery of a truck loaded with mustard oil packets; he was implicated only through the custodial statement of a co-accused who said the applicant had sold the stolen goods. Co-accused Afroz, Mehtab @ Kaluwa, Asif and Shiv Shankar Shukla had already been granted bail; nothing was recovered from the applicant; and he was in custody since 30.04.2024, notwithstanding a disclosed criminal history of eleven other cases in all of which he had been granted bail. The State's counter affidavit portraying him as the mastermind did not prevent release. Bail ordered on a personal bond with two sureties, conditioned on non-tampering with evidence, non-pressurization of witnesses, and appearance on every trial date.

Neutral Citation No. - 2024:AHC-LKO:61290

Court No. - 19

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6193 of 2024

Applicant :- Javed Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Iqbal Ali Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Shri Iqbal Ali, the learned counsel for the applicant as well as Shri Abhishek Kumar Singh, the learned State Counsel and perused the record.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.49 of 2023, under Sections 395 I.P.C., registered at Police Station Banthra, District Lucknow.

The aforesaid case has been registered on the basis of F.I.R. lodged on 16.02.2023 naming four persons as accused on the basis of suspicion, alleging that a truck loaded with packets of mustard oil was robbed by four unknown miscreants.

The applicant has been implicated on the basis of a custodial statement of a co-accused person, who stated that the applicant had sold the stolen goods to them.

The applicant's criminal history of eleven other cases has been disclosed in the affidavit filed in support of the application, in all of which he has been granted bail.

Co-accused persons, namely, Afroz, Mehtab @ Kaluwa, Asif and Shiv Shankar Shukla have been granted bail in the present case and copies of their bail orders have been annexed with the affidavit filed in support of the application.

The State has filed a counter affidavit and has submitted that the applicant is a master mind behind commission of the offence and, therefore, the case set-up against him is not at par with the case set-up against those co-accused persons who have already been granted bail.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not

named in the FIR; that he has been implicated on the basis of custodial statement of co-accused persons and those co-accused persons have already been granted bail; nothing has been recovered from the applicant and the applicant is languishing in jail since 30.04.2024, I am of the view that the applicant is also entitled to be released on bail.

Accordingly, this bail application stands allowed .

Let the applicant- Javed be released on bail in the aforementioned case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.

[Subhash Vidyarthi,J.]

Order Date :- 5.9.2024 -Amit K-

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