Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21457 of 2021 Applicant :- Parvez Opposite Party :- State of U.P.
Counsel for Applicant :- Vindeshwari Prasad,Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Vindeshwari Prasad, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No.429 of 2020, under Sections 392 & 492 I.P.C., Police Station Civil Line, District Budaun during the pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. As per F.I.R., the applicant snatched away the mobile phone of the value of Rs.95,00/- and got arrested at the spot. It is further contended by learned Counsel for the applicant that the applicant is languishing in jail since 31.12.2020 having criminal history of thirteen cases in which he is on bail as explained in paragraph no.06 of the affidavit filed in support of the bail application and paragraph nos.2 & 3 of the supplementary affidavit and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA has vehemently opposed the bail prayer of the applicant by stating that the applicant was arrested at the spot and is a habitual offender involved in similar type of offences having a long criminal history of thirteen cases, hence, the applicant does not deserve to be released on bail.
Considering the argument made by learned A.G.A. as well as the involvement of the applicant in similar type of offences and without expressing any opinion on the merits of the case, this Court does not find it appropriate to release the accused/applicant on bail.
Accordingly, the bail application is rejected.
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 :- 22.9.2021/S.P.