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Neutral Citation No. - 2025:AHC:116246 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4253 of 2025 Applicant :- Akash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Km Preete Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. Learned A.G.A. has filed counter affidavit today. The same is taken on record.
2. The present bail application has been moved by the applicant-accused Akash for the offence punishable under Sections 317(2), 317(5), 345(3), 338, 336(3), 340(2) of B.N.S. and Section 3/2 Arms Act, in Case Crime No.291 of 2024, Police Station-Hapur Dehat, District-Hapur.
3. Ms. Preete, learned advocate, appears for the applicant and submits that the accused applicant has been falsely implicated in the case. There is no independent witness of arrest and recovery of the alleged motorcycles. The criminal history of 24 cases shown against the accused applicant are fully explained. All the cases have been levelled by the police of theft which was registered against the anonymous person has been opened after the arrest of the accused. The accused applicant is in jail since September, 2024.
4. Per contra, learned AGA submits that the charge sheet has been submitted against the accused applicant. The accused applicant is a habitual offender. There is unexplained criminal history.
5. This Court has taken into consideration the rival submissions made by the parties and perused the record.
6. The perusal of the record prima facie reveals that the accused applicant has been apprehended by the police and recovery has been made in absence of independent witnesses on the basis of disclosure statement of the accused. The charge sheet has been submitted against the accused applicant. The criminal history is
explained in paragraph 3 of the supplementary affidavit reveals that almost all the cases are of theft and recovery lodged against anonymous opened on the basis of arrest and disclosure statement.
7. Without touching the merit of the case, this bail application is allowed.
8. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 17.7.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad