This order grants bail to three applicants accused of robbery and cheating under the IPC. The court acknowledged money recovery from their possession but noted no prior criminal history, finding them fit for bail on personal and surety bonds.
Release of applicants Guddu, Sandeep, and Karan Singh on bail by furnishing a personal bond and two reliable sureties each.
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Court No. - 28
(1) Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19892 of 2018 Applicant :- Guddu Opposite Party :- State Of U.P. Counsel for Applicant :- Ajai Kumar Srivastava Counsel for Opposite Party :- G.A.
And
(3) Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19899 of 2018 Applicant :- Sandeep Opposite Party :- State Of U.P. Counsel for Applicant :- Ajai Kumar Srivastava Counsel for Opposite Party :- G.A.
And
(3) Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19901 of 2018 Applicant :- Karan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ajai Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
These three criminal misc. bail applications arise out of same Case Crime No. 220 of 2018, therefore, they have been clubbed and are being decided by this common order.
Heard learned counsel for the applicants, learned A.G.A. Perused the record.
These three bail applications have been moved by the applicants who are involved in Case Crime No. 220 of 2018, under Sections 395, 412, 120-B I.P.C., Police Station-Fatehpur Sikri, District-Agra.
As per prosecution version, 13.2.2018 at about 5:00 PM three unknown persons came on motorcycle and assaulted the informant and Deepak and looted Rs.6,34,000/-. On 22.2.20188 persons including applicants Guddu, Sandeep, Karan Singh and coaccused Kanhaiya were arrested by the police and looted money have been recovered from their possession.
Informant Satish Chandra and Deepak reached on the spot and identified the accused-applicants and coaccused Kanhaiya who have committed the loot in question.
Learned counsel for the applicants contended that before this arrest, there is no any criminal history against the applicants and they have been falsely implicated in the present case. He further contended that identification parade with regard to stolen money by the applicants has not been conducted by the police. Lastly, learned counsel for the applicants contended that co-accused Kanhaiya has already been enlarged on bail vide order dated 21.5.2018 passed by this Court in criminal misc. bail application no. 18944 of 2018.
Learned A.G.A., has opposed the prayer for bail and contended that from the possession of applicant-Guddu Rs. 55,000/-, from possession of applicant Sandeep Rs. 75,000/- and from the possession of applicant Karan Singh Rs. 60,000/- have been recovered and they have not made any explanation about the recovered money. However, learned A.G.A., admitted this fact that the applicants have no criminal history.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicants on bail. Let the applicants- Guddu, Sandeep, Karan Singh be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
The aforesaid bail applications stand allowed .
Order Date :- 28.5.2018 Jaswant
2 issues framed by the court
Whether the applicants are eligible for bail given the recovery of money from their possession despite lack of criminal history.
Whether the failure to conduct an identification parade regarding stolen money affects the bail decision.
3 provisions across 1 enactments
Guddu
Sandeep
Karan Singh
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
