Allowed

Sundar @ Surendra and Another v. State of U.P.

Allahabad HC21 Oct 2019BAIL/28677/2019

Case brief

AI extract

What is this about?

In this bail application under CrPC, the Court granted enlargement on bail to the applicant involved in a robbery case (Sections 394, 411 IPC) after referring to Data Ram case and imposing strict conditions.

What did the court decide?

Applicants released on bail by executing personal bond and furnishing two sureties each, subject to attending trial, not tampering with witnesses, and not indulging in illegal activities.

Sundar @ Surendra and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28677 of 2019

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Applicant :- Sundar @ Surendra And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Ravi Prakash Singh,Vinod Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 304 of 2019, under Sections 394, 411 I.P.C., P.S. Kotwali, District- Ghaziabad, is seeking enlargement on bail during the trial.

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Learned counsel for the applicant has submitted that the FIR of this incident was lodged by first informant on 16.04.2019 against the applicant and unknown persons with the allegations that when he was going along with his servant Bablu Pal from Vijay Nagar Pratap Vihar to Arthala, and they reached near Meerut Tiraha Bridge, four unknown persons came on motorcycle and committed mar-peet with them and run away along with his scooty and Rs. 6,00,000/- were looted. The present accused Sundar @ Surendra and Mohit were arrested along with other accused persons in police party firing case and during investigation the name of the applicants have come into light in the confessional statement of arrested accused persons. Learned counsel for the applicant has further submitted that alleged recovery of Rs. 50,000/- has been shown from both the accused is totally fake and false and there is no public witnesses of the alleged recovery and no identification parade was conducted by the police. He lastly submitted that the applicants are languishing in jail since 28.04.2018 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicants, Sundar @ Surendra and Mohit involved in the aforesaid case be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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They will not tamper with the witnesses.

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They will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 21.10.2019

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v.k.updh.

Sundar @ Surendra and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sundar @ Surendra and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

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