ORDER :

(Sameer Jain, J.)

1. Heard Sri Upendra Kumar Pushkar, learned counsel for the applicant and Sri Jhamman Ram, learned A.G.A.Ist for the State-respondent.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 380 of 2022, under Sections 414, 420 IPC, Police Station Kotwali, District Aligarh, during pendency of the trial in the court below.

3. FIR of the present case was lodged against applicant under Sections 414, 420 IPC and according to the FIR, from the possession of the applicant one stolen motorcycle was recovered and he was driving the stolen motorcycle after changing its number plate.

4. Learned counsel for the applicant submitted that entire allegations made against the applicant are totally false and baseless and on the basis of false recovery of one stolen motorcycle, applicant has been made accused in the present matter. He further submitted that applicant is not having any previous criminal history and he is in jail in the present matter since 11.10.2022.

5. Per contra, learned AGA although opposed the prayer for bail but could not dispute the fact that applicant is not having any previous criminal history and in the present matter he is in jail since 11.10.2022.

6. I have heard learned counsel for the parties and perused the record of the case.

7. Although it appears that applicant was apprehended along with one stolen motorcycle and he was using using the motorcycle by changing its number plate but applicant is not having any previous criminal history and he is in jail in the present matter since 11.10.2022.

8. Therefore, from the discussions made above, in my view, applicant is entitled to be released on bail.

9. In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed.

10. Let the applicant-Arun 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.

11. In case of breach of any of the above conditions, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.