Allahabad High Court
Sonu @ Alok Kushwaha vs State Of U.P. on 7 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13188 of 2023 Applicant :- Sonu @ Alok Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Dixit Counsel for Opposite Party :- G.A. Hon'ble Surendra Singh-I,J.
Heard learned counsel for the applicant and learned AGA appearing for the State respondent.
This is an application for bail on behalf of the applicant Sonu @ Alok Kushwaha in connection with Case Crime No. 20 of 2023, under Section 392 IPC, Police Station Ikdil, District Etawah.
According to prosecution case, on 21.01.2023 at 9.00 p.m. when the informant was going home by motorcycle no. U.P.75AJ8772 after closing the shop, four unknown accused persons robbed his motorcycle no. U.P.75AJ8772, mobile phone no. 9997763163 and Rs. 250/-. On 31.1.2023, police arrested the applicant accused and recovered stolen/looted motorcycle and maruti eeco car.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant is not named in the first information report and his name has surfaced in the case after ten days from the date of occurrence on the basis of confessional statement of co-accused Rahul Yadav. It is next submitted that the applicant accused was not arrested on the spot. No recovery of any incriminating articles was made out from the possession of the applicant. It is also submitted that the appellant has criminal history of three cases which has duly been explained in para 14 of the affidavit of bail application. It is in the last submitted that the applicant is languishing in jail since 01.02.2023 and in case he is released on bail, he will not misuse the liberty of bail.
Learned counsel appearing on behalf of the State has opposed the prayer for bail but could not deny the submissions advanced by learned counsel for the applicant.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, the fact that the applicant accused is not named in the FIR and his name has been disclosed in the confessional statement of co-accused Rahul Yadav and the fact that the applicant is in jail since 01.02.2023 but without expressing any opinion on the merit of the case, this Court is of opinion that the applicant is entitled to bail.
The bail application, accordingly, stands allowed.
Let the applicant Sonu @ Alok Kushwaha involved in the aforementioned case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before the Court concerned.
Order Date :- 7.4.2023 Pratima