Citation : 2023 Latest Caselaw 20306 ALL
Judgement Date : 2 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:154182 Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24624 of 2023 Applicant :- Ajay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Nigam Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The accused-applicant seeks bail in Case Crime No.576 of 2022 under section 409 IPC, P.S Khair, District Aligarh.
3. The FIR in question was lodged alleging that one file went missing from the District Judgeship and the reference is also given to the judgement dated 17.04.2022 in respect of the said file in Original Suit No.181 of 2021.
4. The contention of the counsel for the applicant is that the applicant was an employee of the judgeship who was dismissed from services in the year January 2022, as such, he could not have any control over the file in which the judgment was rendered on 17.04.2022. He argues that the applicant is being falsely implicated. The applicant has no criminal history and is in jail since 12.04.2023.
5. Learned AGA does not oppose the bail application.
6. In view of there being any opposition coupled with the fact that the applicant was a dismissed employee and the judgment was rendered in the case file on 17.04.2022 coupled with the fact that the applicant has no criminal history, the applicant is entitled for the bail. Thus the bail application is allowed.
7. Let the applicant Ajay Kumar be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- each with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.
Order Date :- 2.8.2023
VNP/-
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