JUDGMENT

Rajesh Singh Chauhan, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 8.9.2022 in Case Crime No. 263 of 2022 under section 457, 380, 411 IPC, P.S. Jagatpur, District Raebareli. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

3. Learned counsel for the applicant has given a clear recital in para 8 of the application that the applicant is a truck driver and one Virendra Singh, who is of the same village where the applicant resides, is involved in illegal mining and he is having four tractors and one J.C.B. machine. The applicant made his complaint to the police authorities in the month of August, 2022. Being annoyed from aforesaid complaint of the present applicant such Virendra Singh had threatened the applicant for dire consequences. The Virendra Singh is a friend of Dharmendra Singh, informant / complainant, who lodged the F.I.R. on 7.9.2022 against the unknown persons for the allegation that his suitcase carrying cash and licensed revolver has been stolen. In the impugned F.I.R. no specific amount has been indicated, however, the present applicant was arrested on 8.9.2022 and the recovery of Rs. 99,000/- and the Revolver has been recovered from the 'diggi' of motorcycle of the present applicant. Learned counsel has stated that there is no diggi in his motorcycle. He has also stated that the local police having malice against the present applicant implicated him in one more case of which the F.I.R. was lodged on 11.4.2022 bearing Case Crime No. 0080 of 2022 under section 457 and 380 IPC, P.S. Jagatpur, District Raebareli. The joint recovery memo has been prepared in both the aforesaid crime cases, however, the place of recovery is different. As per learned counsel since the applicant was innocent, therefore, he did not raise any objection when he has been arrested on 8.9.2022. The present applicant is having no criminal history of any kind whatsoever before 8.9.2022. There is no independent witness of the recovery and while preparing the recovery memo the due procedure has not been followed. Learned counsel has informed that the present applicant has been granted bail by this Court in another crime case bearing Case Crime No. 80 of 2022 (supra). The charge-sheet has been filed in the present case.

4. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

6. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that on or before the date of arrest of the applicant on 8.9.2022 he was having no prior criminal history as in F.I.R. dated 11.4.2022 he has been implicated on 8.9.2022, he has been granted bail in Case Crime no. 0080 of 2022, charge-sheet has been filed in this case and the undertaking given on behalf of the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

7. Let the applicant Mahendra Pratap Singh @ Mintu Singh, involved in aforesaid case crime be released on bail on his furn