Facts of the Case

The applicant, Mohd. Vikki, filed a bail application before the Allahabad High Court in connection with Case Crime No. 103 of 2022, registered under Sections 380, 457 and 411 of the Indian Penal Code, 1860, at Police Station Govind Nagar, District Kanpur Nagar.

According to the First Information Report (FIR), during the intervening night of 4/5 March 2022, unknown persons allegedly committed theft from the informant's shop and took away approximately ₹3.40 lakh in cash, licence, GST-related documents, Aadhaar Card and other important documents.

The applicant sought regular bail during the pendency of the criminal trial.

Issues Involved

  1. Whether the applicant was entitled to regular bail in a case involving allegations of theft and recovery of stolen articles.
  2. Whether recovery allegedly made from a vehicle could justify continued judicial custody.
  3. Whether the applicant's criminal history disentitled him from grant of bail.
  4. Whether the facts and circumstances justified release on bail pending trial.

Petitioner's Arguments

  • The applicant contended that he was innocent and had been falsely implicated.
  • It was argued that no incriminating articles mentioned in the FIR were recovered from his personal possession.
  • The alleged Aadhaar Card was stated to have been recovered from a Honda Amaze car, and such recovery could not directly connect the applicant with the alleged offence.
  • The applicant was not named in the FIR.
  • His criminal history consisting of three cases had been duly explained in the bail affidavit.
  • No Test Identification Parade (TIP) had been conducted.
  • The applicant had remained in judicial custody since 14.03.2022 and undertook to cooperate with the trial without misusing the liberty of bail.

Respondent's Arguments

  • The State opposed the grant of bail.
  • It was submitted that the applicant had been identified through CCTV footage.
  • The prosecution further contended that looted articles had been recovered from the applicant's possession.
  • Accordingly, the State argued that the applicant was not entitled to be released on bail.

Court Order / Findings

After considering the nature of the allegations, the evidence available on record, the submissions of both parties and the principles laid down by the Supreme Court in Satender Kumar Antil vs CBI & Another, the Allahabad High Court held that the applicant had made out a fit case for grant of bail.

Without expressing any opinion on the merits of the prosecution case, the Court allowed the bail application and directed release of the applicant on furnishing a personal bond and two sureties to the satisfaction of the trial court.

The Court imposed the following conditions:

  • the applicant shall not tamper with prosecution evidence or influence witnesses;
  • the applicant shall cooperate with the trial and shall not seek unnecessary adjournments; and
  • the applicant shall not indulge in any criminal activity after release.

The Court further clarified that violation of any of the conditions would constitute a ground for cancellation of bail.

Important Clarification

  • The order relates only to grant of bail and does not determine the guilt or innocence of the accused.
  • The High Court expressly refrained from expressing any opinion on the merits of the criminal case.
  • The presence of GST-related documents among the allegedly stolen articles did not influence the Court's decision on the merits of the prosecution.
  • Compliance with the conditions imposed by the Court is mandatory, failing which the bail may be cancelled.
  • The judgment follows the principles governing grant of bail laid down by the Supreme Court in Satender Kumar Antil vs CBI & Another.

Sections Involved

  • Section 380 of the Indian Penal Code, 1860 – Theft in Building.
  • Section 457 of the Indian Penal Code, 1860 – Lurking House Trespass or House-Breaking by Night.
  • Section 411 of the Indian Penal Code, 1860 – Dishonestly Receiving Stolen Property.
  • Section 439 of the Code of Criminal Procedure, 1973 – Regular Bail.

Link to download the order - https://mytaxexpert.co.in/uploads/1782895659_220compressed.pdf

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