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SUBHASH VIDYARTHI
Sunil Balmiki – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Deptt. Home, Lucknow – Respondent
JUDGMENT :
1. Heard Sri Shyamji Dixit, learned counsel for the applicant, Sri Arpit Kumar, learned A.G.A. for the State and perused the records.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.131 of 2023, under Sections 380, 411 I.P.C., registered at Police Station Maigalganj, District Kheri.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.04.2023 alleging commission of theft of an inverter, battery, solar plate and some other articles from a school. The police claim to have arrested three persons on the basis of an information received from a mukhbir and to have recovered Rs.2100/-cash from the applicant. It is alleged that the accused persons confessed their involvement in commission of the present case.
4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's criminal history of three other cases has been explained in para 10 of the affidavit, in two of which the applicant has been granted bail. It has also been submitted on behalf of the applicant that the co-accused Rajesh @ K
The circumstances of the case, lack of recovery of stolen articles, and delay in implicating the applicant were key factors in granting bail.
The court may grant bail based on the assertion of innocence and lack of dispute from the opposing counsel, without affecting the merits of the case.
Larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 have been taken into account to make a c....
The decision emphasized the importance of evidence and identification in determining bail eligibility in theft cases.
The nature of the stolen property and the circumstances of the case are crucial factors in determining bail eligibility.
The court considered the lack of legal evidence and the applicant's role as the sole bread earner of his family in granting bail.
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