Allahabad High Court
Saleem vs State Of U.P. Thru. Secy. Home Deptt Lko on 5 October, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:64037 Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11908 of 2023 Applicant :- Saleem Opposite Party :- State Of U.P. Thru. Secy. Home Deptt Lko Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Vinod Kumar Yadav, learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A. for the State and perused the records.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.8 of 2022, under Sections 489A, 489B, 489C, 489D, 489E and 120B I.P.C., registered at Police Station Talkatora, District Lucknow.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.01.2022 against nine persons, not including the applicant, alleging recovery of fake notes and other articles from the accused persons. The applicant has been implicated on the basis of custodial statement of co-accused Farhan Khan, who stated that the applicant was also involved with him in commission of the offence. Along with Farhan Khan, two other persons, Sohrab and Rustam were involved in commission of the offence, both of them have been granted bail by means of the orders dated 27.04.2023 and 27.04.2023 passed in Bail Nos.2112 of 2023 and 1523 of 2023 respectively.
4. In the affidavit filed in support of bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.
5. The learned A.G.A. has opposed the prayer for bail and has submitted that the applicant has long criminal history of 43 cases and his criminal antecedent does not entitle him for being granted bail.
6. Replying to the aforesaid objection, learned counsel for the applicant has submitted that in the present case, the applicant has been implicated solely on the basis of custodial statement of co-accused person recorded after 78 days since lodging of the FIR. So far as criminal history of the applicant is concerned, the applicant stands acquitted in 18 cases, 5 cases under Goondas Act and 2 cases under Section 110 Cr.P.C. stand closed after expiry of the stipulated period, 3 cases arise out of non coginazable report and in 11 cases, the applicant has been granted bail.
7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated solely on the basis of custodial statements of the accused person recorded after 78 days since lodging of the FIR and two other similarly situated co-accused persons have been granted bail whereas the applicant has been languishing in jail since 02.06.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.
8. Accordingly, this bail application stands allowed.
9. Let the applicant-Saleem be released on bail in Case Crime No.8 of 2022, under Sections 489A, 489B, 489C, 489D, 489E and 120B I.P.C., registered at Police Station Talkatora, District Lucknow on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(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.
(Subhash Vidyarthi, J.) Order Date :- 5.10.2023 prateek