The Court allowed bail to the applicant in a case involving Sections 392 and 418 IPC, noting he is not named in the FIR, nothing was recovered from him, and he has no criminal antecedents. Bail granted on personal bond with two sureties.
Applicant released on bail on personal bond with two sureties subject to standard conditions.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1617 of 2018
Applicant :- Jitu Alias Jitendra Alias Dev Opposite Party :- State Of U.P. Counsel for Applicant :- Birendra Kaushik Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Birendra Kaushik, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant is not named in the first information report. It is further submitted that nothing has been recovered from the possession of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 23.10.2017. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Let the applicant Jitu Alias Jitendra Alias Dev involved in Case Crime No.1074 of 2017, under Sections 392, 411, Police Station Kotwali, District Mathura be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 12.1.2018 Dev/-
1 issue framed by the court
Whether the applicant is entitled to release on bail in a case for robbery and criminal misappropriation considering the lack of FIR name and no recovery from his possession.
Jitu Alias Jitendra Alias Dev
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
