Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45564 of 2021 Applicant :- Khushali Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed by the applicant- Khushali with a prayer to enlarge him on bail in Case Crime No.31 of 2021, under Sections- 457, 380, 411, 120B IPC, Police Station- Kolhui, District-Maharajganj.
Learned counsel for the applicant contended that the incident of theft is alleged to have been taken place in the night of 17.02.2021 and the FIR was lodged on the next date i.e. 18.02.2021 against unknown persons. The accused-applicant along with co-accused have been arrested on 14.03.2021 and 460 grams of white metal and some ornaments have been alleged to be recovered from the possession of the accused- applicant. The alleged recovery is false and fabricated. The accused-applicant has been falsely implicated. Learned counsel also contended that the co-accused persons Gokaran alial Kalla and Evaz have been enlarged on bail by this Court vide order dated 30.11.2021 in Criminal Misc. Bail Application No.33469 of 2021. The case of the accused applicant is identical to the co- accused. The applicant is languishing in jail since 14.03.2021 and further undertakes that he will not misuse the liberty and will co-operate in trial, in case he is released on bail.
Learned A.G.A. has vehemently opposed the bail application and submitted that the accused-applicant is habitual criminal and is involved in many cases of theft.
The alleged recovery has been made after a month of the incident.
Considering the rival submissions of the parties, facts and circumstances of the case, nature and gravity of offence, severity of punishment, the totality of the circumstances and the fact that the co-accused have been enlarged on bail in identical case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail.
Accordingly, bail application is allowed.
Let the applicant- Khushali involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. During trial, he shall not indulge in any criminal activities.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.12.2021 C. MANI