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2025 DAILYLAW 23174 (ALL)

SATTAR ALIAS MAMU v. STATE OF U.P.

BAIL/7514/2025 · 2025-03-03

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30484 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7514 of 2025 Applicant :- Sattar Alias Mamu Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Pawan Kumar Patel, learned Advocate holding brief of Sri S.K. Singh, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 12 of 2025, under Sections 111(2), 303(2) B.N.S., Police Station Shikohabad, District Firozabad during pendency of the trial. 3. Learned counsel for the applicant submits, FIR of the present case was lodged against unknown persons with regard to theft of vehicle of the informant and during investigation applicant has been made accused in the present matter through the statement of two co-accused Sakeel and Fahim. 4. He further submits, as per prosecution from the possession of co-accused Shakeel and Fahim, the alleged stolen vehicle was recovered and there is no allegation that the alleged stolen vehicle was recovered from the possession of the applicant. 5. He further submits, except the statement of co-accused and confessional statement of the applicant there is no other evidence against the applicant on record. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 08.01.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. FIR of the present case was lodged against unknown persons with regard to theft of the vehicle of informant and it reflects, during investigation when co-accused Sakeel and Fahim were arrested then from their possession alleged stolen vehicle of the informant was recovered and it appears, they disclosed the name of applicant and it reflects, except the above evidence and confessional statement of the applicant there is no evidence against the applicant on record. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 08.01.2025. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Sattar @ Mamu 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. 14. 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. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 4.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad