An accused person is entitled to bail if they are not named in the FIR, were not apprehended at the spot of the alleged recovery, and their name was added to the case based on the confessional statement of a co-accused who has since been released on bail.

Court No. - 83

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42290

of 2021

Applicant :- Lokendra

Opposite Party :- State of U.P.

Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh

Counsel for Opposite Party :- G.A.

Hon'ble Ram Krishna Gautam,J.

Heard over bail application moved by applicant, Lokendra, in

Case Crime No. 246 of 2020, under Sections- 395, 342, 412,

120-B, 420 I.P.C., P.S. Pilua, District- Etah.

Learned counsel for the applicant argued that the accused-

applicant is innocent; he has been falsely implicated in this very

case crime number and is languishing in jail since 2.12.2020; he

is of four criminal antecedents, wherein, he is on bail, as has

been explained by him in affidavit filed in support of bail

application; there is no likelihood of fleeing from course of

justice or tempering with evidence in case of release on bail;

applicant was neither named in first information report nor was

apprehended on spot at the time of alleged recovery and his

name was surfaced on the basis of confessional statement of co-

accused and the co-accused has been enlarged on bail in this

very case crime number by Co-ordinate Bench of this Court.

Hence, bail has been prayed for.

Learned AGA has vehemently opposed but could not oppose

this fact that applicant was neither named in first information

report nor there was any recovery from him and his name was

there in the confessional statement of co-accused apprehended,

subsequently.

Having heard learned counsels for both sides and gone through

materials placed on record as well as considering all above facts

and circumstances, the nature of accusations, severity of the

punishment in the case of conviction and nature of supporting

evidence, reasonable apprehension of tampering with the

witness and prima facie case, but, without commenting on

merits of the case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the applicant, Lokendra, involved in above mentioned case

crime number be released on bail, on his executing a personal

bond and two reliable sureties, each, in the like amount, to the

satisfaction of the court concerned, subject to the following

conditions:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution

witnesses and co-operate in the trial.

4. The applicant will appear regularly on each and every date

fixed by the trial court, unless his personal appearance is

exempted through counsel by the court concerned.

5. The party shall file computer generated copy of such order

downloaded from the official website of High Court, Allahabad.

6. The computer generated copy of such order shall be self

attested by counsel of the party concerned.

7. The concerned Court/ Authority/ Official shall verify the

authenticity of such computerized copy of the order from the

official website of High Court, Allahabad, and shall make a

declaration of such verification in writing.

In the event of breach of any of the aforesaid conditions, the

court below will be at liberty to proceed to cancel his bail.

Order Date :- 11.1.2022

Kamarjahan