Allahabad High Court: Aniruddha Singh, J. allowed the application filed by the applicant for the grant of bail where an FIR was lodged against unknown persons alleging that on 31-7-2018 they stole 24 batteries. Later on, the applicant along with seven other people was arrested by the police after they recovered the batteries and a sum of Rs 50,000 from their possession.
The counsel for the applicant, Krishna Pratap Singh and Vivek Chandra, submitted that co-accused of the applicant was already granted bail by a co-ordinate Bench of the Court, and since the role of the applicant was not distinguishable with the role of co-accused, therefore, the applicant was also entitled to bail. He claimed that the applicant was innocent and had been falsely implicated in the present case. The applicant was not named in the FIR. During the investigation, the name of the applicant has surfaced afterthought and due legal consultation. There was also no possibility to decide the case in a short period in the future due to the heavy workload in the trial court. They further submitted that the so-called recovery was falsely planted by the police to show their good work. There were no independent witnesses and also no legal evidence against the applicant. And therefore, the offences levelled against the applicant were attracted in the present case. Moreover, the applicant had been languishing in jail since 17-08-2018 (more than one year and three months.
The respondent opposed the prayer for bail but were not able to dispute the facts argued by the counsel for the applicant and admitted that the case of the applicant was identical to that of the co-accused who were enlarged on bail.
The Court after considering the submission of both the parties, facts of the case, nature of allegation and period of custody, and gravity of offence granted bail to the applicant without expressing any opinion on the merits of the case, thereby allowing the application. The applicant was ordered to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court.[Nanhe v. State of U.P., Bail No. 11370 of 2019, decided on 27-11-2019]