Neutral Citation No. - 2025:AHC:107688 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20488 of 2023 Applicant :- Vikas @ Buddu Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zakir,Rajesh Kumar Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant- accused Vikas @ Buddu for the offence punishable under Sections 394 and 411 IPC in Case Crime No. 63 of 2022, Police Station- Kapurpur, District-Hapur. 2. Sri Rajesh Kumar Chaudhary, learned advocate, appears on behalf of applicant and submits that the applicant has been falsely implicated in the case of committing robbery, wherein the collection agent Iqbal has been intercepted by miscreants on two motorcycles pushed Iqbal and taken away cash Rs. 9.50 lacs. The report of the incident has been lodged by Javed under whom Iqbal was working as collection agent. It is submitted that the accused/applicant has been arrested on 14th October, 2022 in a police encounter case and since then he is languishing in jail. The charge sheet has been submitted against five persons. After framing of charge in the month of January, 2024, four witnesses have been examined. There is no identification parade during the investigation or dock identification carried out. The co-accused has been granted bail by the co-ordinate Bench of this Court and one of the accused has already been granted bail from the court below. The criminal history of 39 cases has been explained by the applicant. Out of 39 cases, 4 cases under Section 110 have been dropped and in 35 cases the accused is on bail. There is no conviction. 3. Per contra, learned AGA opposed the bail application and submits that the accused-applicant is a habitual offender indulge in the same type of offences, though conceded that the accused is on bail in all the cases shown as criminal history against him. It is also conceded that co-accused has already been enlarged on bail. 4. This Court has taken into consideration the rival submissions made by the parties and perused the record. 5. The record prima facie reveals that FIR has been registered against the anonymous person and the accused-applicant has been arrested after nearly less than a month. No identification parade has been carried out. The arrest and recovery of the accused has not been made in the presence of independent witness. The FIR reveals that Iqbal from whom a cash of Rs. 9.50 lacs snatched has been pushed by the miscreants moving on two bikes. Considering the matter of long incarceration of the accused-applicant, he is liable to be enlarged on bail. 6. Without touching the merit of the case, this bail application is allowed. 7. 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 :- 8.7.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad