An accused person is entitled to bail even if they have a criminal history, if the court considers the nature of the allegations and the time spent in jail.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44403 of 2022

Applicant :- Pappu @ Shiv Kumar

Opposite Party :- State of U.P.

Counsel for Applicant :- Vijay Bahadur Shivhare

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

1. Heard Sri Vijay Bahadur Shivhare, learned counsel for the

applicant and Dr. S.B.Maurya, learned AGA-I, for the State.

2. The instant application has been moved on behalf of the

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

No.77 of 2022, under Sections 411, 413, 307 and 504 IPC and

Section 41 Cr.P.C., Police Station Lalpura, District Hamirpur

during pendency of the trial.

3. According to the prosecution story applicant was

apprehended along with one another co-accused and from their

possession ten stolen motorcycle were recovered. According to

the FIR they also opened fire upon the Police but none

sustained any injury. It is further alleged in the FIR that one

accused person anyhow managed to escape.

4. Learned counsel for the applicant submitted that applicant

has falsely been implicated in the present matter by local

Police and he is having no concern with the alleged stolen

motorcycle and in fact nothing incriminating has been

recovered from his possession, although it is a case of police

encounter but admittedly none of the Police Personnel

sustained any injury and on the basis of false recovery of

country made pistol and ten motorcycles, applicant and other

co-accused persons have falsely been implicated in the present

matter. He further submitted that although applicant is having

criminal history of ten cases but he has explained the same in

paragraph-10 to the affidavit filed in support of the present

application.

6. He next submitted that out of ten cases, two cases arose out

of same recovery memo and in all other cases applicant made

accused after arrest in the present matter and in the case relates

to Sections 302 and 120B IPC, he is not even being prosecuted.

He further submitted that applicant is in jail since 25.6.2022.

7. Per contra, learned AGA opposed the bail prayer for bail

and submits that from the possession of applicant as many as

ten stolen motor cycles were recovered but could not dispute

the fact that although he is having criminal history of ten cases

but out of ten cases, two cases arose from the recovery memo of

the present case and in all other cases, he has been implicated

after arrest in the present matter and in the present case he is in

jail since 25.6.2022.

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

record of the case.

9. Although there is allegation against the applicant that he

along with co-accused persons opened fire upon the police

personnel and from the possession of applicant and other co-

accused persons ten stolen motor cycles were recovered but

indisputably none of the police personnel sustained any injury

and it appears that after arrest applicant has been made accused

in number of other cases, therefore, considering the nature and

allegation made against him in the present matter and the fact

that he is in jail since 25.6.2022, in my view, applicant is

entitled to be released on bail.

10. In the light of discussions made above, without expressing

any opinion on the merits of the case, the instant bail

application is allowed.

11. Let the applicant-Pappu @ Shiv Kumar 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

evide