Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56256 of 2022

Applicant :- Ahsan

Opposite Party :- State of U.P.

Counsel for Applicant :- Alok Kumar Singh

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

1.Heard Sri Amit Kumar Singh, learned counsel for

the applicant and Sri Amit Kumar Shukla, learned

Brief Holder, for the State.

2.The instant application has been moved on

behalf of the applicant to release him on bail in

Case Crime No.154 of 2022, under Sections 454

and 380 IPC, Police Station Ganga Nagar, District

Meerut during pendency of the trial.

3. FIR of the present case was lodged on 6.6.2022

against unknown persons under Sections 454, and

380 IPC and according to the FIR in the house of

informant number of golden ornaments and Rs.

50,000/- were stolen in the night of 6.6.2022.

4. Learned counsel for the applicant submits that

applicant was not named in the FIR and after 43

days he was apprehended along with three other

accused persons and from his possession certain

golden ornaments were recovered and on the

basis of alleged recovery and his confessional

statement he was made accused in the present

matter. He further submits that after recovery

applicant was also implicated in as many as ten

other cases. He further submits that merely on the

basis of confessional statement of the applicant he

was implicated in the present matter and except

the confessional statement there is no other

admissible evidence on record.

5. He further urged that alleged recovered gold

items were not identified by the informant.

6. Learned counsel further submits that applicant

was although having previous criminal history of

six other cases but in all these cases he has

already been released on bail and after arrest he

was implicated in as many as ten other cases but

in those cases till date he could not be released on

bail. He further submits that applicant in the

present matter is in jail since 20.7.2022 and all the

offences are triable by Magistrate First Class.

7. Per contra, learned AGA although opposed the

prayer for bail but could not dispute factual matrix

advanced by the learned counsel for the applicant.

8. I have heard learned counsel for the parties

and perused the record of the case.

9. The name of applicant was surfaced in the

present matter after 43 days when he was

apprehended along with three other co-accused

persons and although some golden ornaments

were recovered but these ornaments were not put

for identification by the Investigating Officer and

merely on the basis of confessional statement

applicant was made accused in the present

matter.

10. Although applicant is having criminal history

of sixteen cases but it appears that after arrest he

was roped in ten cases and in remaining previous

six cases, he is on bail, therefore, considering the

facts and circumstances of the case and the fact

that applicant in the present matter is in jail since

20.7.202 and all the offences are triable by

Magistrate First Class, in my option, applicant is

entitled to be released on bail.

11.In the light of discussions made above, without

expressing any opinion on the merits of the case,

the instant bail application is allowed.

12. Let the applicant-Ahsan 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-so