Allahabad High Court
Shivam Soni vs State Of U.P. on 27 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1106 of 2023 Applicant :- Shivam Soni Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Brijesh Kumar Singh, learned counsel for the applicant and Sri Suresh Bahadur Singh, learned A.G.A.-I for the State.
The instant application has been filed seeking release of the applicant on bail in Case Crime No.337of 2022, under Sections 395 and 412 I.P.C., Police Station Gambhirpur, District Azamgarh during pendency of the trial in the court below.
The F.I.R. of the present case was lodged on 22.09.2022 under Section 392 I.P.C. against unknown persons.
Learned counsel for the applicant submits that applicant was not named in the F.I.R. and it is alleged that after two days i.e. on 24.09.2022 he was apprehended by the police and from his possession Rs.2,600/- and one Samsung Tablet was recovered along with some other mobile phones. He further submits that it is alleged that recovered Samsung Tablet was one of the looted items. Learned counsel for the applicant further submits that entire allegation made against the applicant is totally false and nothing incriminating material was recovered from possession of the applicant. He further submits that merely on the basis of confessional statement of applicant he was implicated in the present matter and false recovery of Samsung Tablet was shown from his possession. He further submits that after arrest applicant has been implicated in as many as six other criminal cases and in several old cases he was implicated on the basis of confessional statement and criminal history of the applicant has been explained in paragraph no.14 of the affidavit filed in support of present application. He further submits that there is no evidence on record on the basis of which it could be said that applicant along with five others committed either loot or dacoity but in spite of that applicant was challaned under Sections 395 and 412 I.P.C. and he is in jail since 24.09.2022.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the fact that merely on the basis of confessional statement, applicant was apprehended in the present matter. Although from his possession one Samsung Tablet was recovered which alleged to have been looted but no identification parade of the applicant was conducted and applicant in the present matter is in jail since 24.09.2022.
I have heard learned counsel for both the parties and perused the record.
After two days from the incident of loot, applicant was apprehended and it is alleged that he confessed his guilt and from his possession one Samsung Tablet was recovered which was alleged to have been looted from the informant but it could not be reflected from the record that applicant was put before identification or informant identified him and it further reflects that after arrest in the present matter on the basis of confessional statement of applicant he has been roped in as many as six other cases and before his arrest he was not having any previous criminal history and in the present matter he is in jail since 24.09.2022, therefore, this Court is of the view that it is a fit case to release the applicant on bail.
In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicant - Shivam Soni be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 27.1.2023 Atul