Hon'ble Siddharth, J. granted bail to Sharavan Kumar in a criminal case involving theft of Rs. 12 lakhs from an ATM. Release was allowed on furnishing a personal bond with two sureties under specified conditions.
Released on bail with personal bond and two sureties under specified conditions.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29644 of 2018
Applicant :- Sharavan Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The argument is that the recovery of Rs. 12 lakhs is alleged against the applicants which were stolen from ATM of Axix Bank. The recovery from the other coaccuseds, namely, Sharavan Kumar and Ravendra Singh, have also been shown and they have been enlarged on bail vide Bail Application Nos. 22803 of 2018 and 22728 of 2018 respectively. The argument is that there is parity so far as the recovery of the stolen amount has been concerned. The applicant has no criminal history and is in jail since 17.04.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant , Sharavan Kumar , be released on bail in Case Crime No. 278 of 2018, under Sections 457, 380, 411 I.P.C. and of 66 of Information Technology Act, 2008, P.S. Kotwali Fatehgarh, District- Farrukhabad 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 which are being imposed in the interest of justice :-
without seeking any adjournment.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 7.8.2018 Rohit
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving theft of funds from an ATM.
Whether the applicant satisfies the conditions for release on bail despite alleged recovery of money.
2 provisions across 2 enactments
Sharavan Kumar
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
