Aniruddha Singh, J. allowed bail to Asif Javed accused in an ATM looring case. The Court held it is a fit case for bail citing similarity with co-accused already on bail and absence of identification parade or reliable recovery. A personal bond with conditions was prescribed.
Releasement of applicant on bail by furnishing personal bond and two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38494 of 2018
Applicant :- Asif Javed Opposite Party :- State Of U.P. Counsel for Applicant :- Rama Pati Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown persons alleging that on 14.3.2018, some unknown persons looted Rs. 5,91,400/- from a A.T.M. Later on, seven accused persons namely, Rati Khan, Asif Javed, Azruddin, Hasim, Jamshed, Aslam and Mustak were arrested by the police and Rs. 2,50,000/- was recovered from their possession.
It is submitted by learned counsel for the applicant that coaccused namely Ratti Khan and Jamshed have already been granted bail by co-ordinate Bench of this Court vide order dated 26.9.2018 and 13.9.2018 in Criminal Misc. Bail Application Nos. 36518 of 2018, 34650 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. With regard to person and property, identification parade has not been conducted. Offences levelled against the applicant are not attracted in the present case. Recovery is falsely and planted. He is languishing in jail since 26.3.2018 (near about six and half months) criminal history of four cases has been properly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history has been explained and the case of present applicant is identical to co-accused Ratti Khan and Jamshed who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Asif Javed involved in Case Crime No. 359 of 2018, under Sections 382, 427, 411 IPC, Police Station Chakeri, District Kanpur Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 8.10.2018 A. Singh
2 issues framed by the court
Whether bail is maintainable in a case of ATM looting where co-accused have already been released on bail.
Whether the identity of the accused can be established without identification parade or recovery.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 · Who else cites this
Asif Javed
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
