Allowed

Javed v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC6 Jun 2024BAIL/6193/2024

Case brief

AI extract

What is this about?

The court allowed a bail application for an accused charged under Section 395 IPC, who was named only in a co-accused's custodial statement. With co-accuseds already bailed and no recovery from the applicant, the court granted bail with conditions against witness tampering.

What did the court decide?

Bail granted on personal bond and two sureties, subject to conditions not to tamper with evidence or pressurize witnesses.

Javed vs State of U.P. Thru. Prin. Secy. Home Lko — Bail and Remand | Allahabad HC (2024)

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

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Court No. - 19

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

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

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Hon'ble Subhash Vidyarthi,J.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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

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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.

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Accordingly, this bail application stands allowed .

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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: -

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(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.

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[Subhash Vidyarthi,J.]

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Order Date :- 5.9.2024 -Amit K-

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

Javed v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

Javed v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

What the court decided

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