An accused is entitled to be released on bail if he has been in jail for a long period of time and the offences are triable by Magistrate First Class.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47829 of 2022

Applicant :- Rajjab @ Hukama

Opposite Party :- State of U.P.

Counsel for Applicant :- P.K. Rao

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

1. Rejoinder affidavit filed today on behalf of applicant, is

taken on record.

2. Heard Sri P.K.Rao, learned counsel for the applicant and Sri

Jhamman Ram, learned AGA, for the State.

3. The instant bail application has been moved on behalf of the

applicant with the prayer to release him on bail in Case Crime

No.102 of 2022 under Sections 457,380 and 411 IPC, Police

Station Chilla, District Banda during pendency of the trial.

4. As per the allegation on 26/27.5.2022, a theft was committed

in the house of the informant and when applicant was arrested

then he confessed his guilt and from his possession Rs.2100/-

were recovered.

5. Learned counsel for the applicant submits that applicant is

innocent and he has falsely been implicated in the present

matter. He did not commit any theft in the house of informant.

He further submits that FIR of the present case was lodged on

29.6.2022 against unknown persons with regard to a theft

alleged to have been committed in the intervening night of

26/27.5.2022 and after three months, i.e., on 27.8.2022

applicant was apprehended and from his possession it is alleged

that Rs.2100/- was recovered and he confessed his guilt.

6. He next submitted that applicant although implicated in

other as many as 31 cases but in all the cases he has falsely

been implicated by the Police and in all the cases he has already

been released on bail and the present matter is triable by

Magistrate First Class and applicant in the present case is in jail

since August, 2022.

7. Per contra, learned AGA submits that applicant is having

long criminal history of more than 30 cases but he could not

dispute the fact that in the present case applicant is in jail since

27.8.2022 and only Rs.2100/- was recovered from his

possession after about three months from the date of alleged

theft and in all the cases he has already been released on bail.

8. I have heard learned counsel for both the parties and have

perused the record of the case.

9. The applicant is not named in the FIR and after three months

of the alleged incident he was apprehended and on his

confessional statement he made accused in the present matter

and only Rs.2100/- was shown from his possession and no

recovery of any valuable like jewellery was shown from the

possession of the applicant.

10 Although applicant is having criminal history of more than

30 cases but in all the cases he is on bail and in the present case

he is in Jail since 27.8.2022 and all the offences are triable by

Magistrate First Class, therefore, considering the fact that

applicant is in jail in the present matter since August, 2022 and

offences are triable by Magistrate First Class, in my view, the

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-Rajjab alias Hukama 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.

13. In case of breach of any of the above condition, the

prosecution will be at liberty to move an application befo