By means of this application, the applicant, who is involved in Case Crime No. 378 of 2020, under sections 379 & 411 of the Indian Penal Code, Police Station-Kotwali Dehat, District-Bahraich is seeking enlargement on bail during the trial.
According to the version in the F.I.R. dated 19-08-2021 is that the motorcycle of the informant was stolen by unknown persons from Rainbow Hospital, Bahraich.
Learned counsel for the applicant has submitted that the F.I.R. has been lodged against the unknown persons.
It is further submitted that in another Case Crime No. 0570 of 2020, under sections 41,411,413,414,419,420,467,468 & 471 I.P.C., the applicant was arrested and after arrest in the said case, he has falsely been implicated in the present case by showing recovery of the motorcycle from the possession of the applicant.
It is further submitted that there is no independent witness for the said recovery, whereas in actual, the motorcycle was not recovered from the possession of the applicant.
It is further submitted that there is criminal history of four cases against the applicant, out of which in three cases, the applicant has been enlarged on bail by the trial court and in one case, the applicant has been granted bail by this court. The copies of bail orders have been enclosed as Annexure No. 3 to the bail application.
It is further submitted that the offence is triable by the Magistrate and the applicant is languishing in jail since 25/26.09.2020.
On contra, learned A.G.A. opposed the prayer for grant of bail and submitted that four criminal cases are pending against the applicant, but failed to dispute the submissions raised by learned counsel for the applicant particularly in regard to grant of bail of the applicant in all other cases as well as the fact relating to recovery of motorcycle.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case and without entering into the merits of the case, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let the applicant,Yasin Ali @ Mister Khan, involved in Case Crime No. 378 of 2020, under sections 379 & 411 of the Indian Penal Code, Police Station-Kotwali Dehat, District-Bahraich be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
(i) The applicant shall, however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 13.8.2021 AKS