The single-judge High Court allowed bail to the applicant Rapsan in a theft and criminal breach of trust case, citing parity with co-accused granted bail and finding it a fit case for bail without expressing an opinion on merits.
The applicant to be released on bail on executing a personal bond and furnishing two sureties in the like amount.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36315 of 2019
Applicant :- Rapsan Opposite Party :- State Of U.P. Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Rapsan in connection with Case Crime No.38 of 2019, under Sections 457, 380, 411 I.P.C., P.S. Chhata, District Mathura.
As per the allegations made in the first information report that on 05.02.2019 ATM Machine was stolen along with cash kept in the said machine by some unknown persons.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that alleged recovery shown from the applicant of Rs.40,000/- is totally fake and false. He further submitted that no reliable evidence is against the applicant except the alleged recovery and there is no public witness of the alleged recovery. He submitted that the other co-accused have been admitted to the concession of bail by another Bench of this Court by orders dated 17.06.2019, 17.06.2019, 04.06.2019 and 19.06.2019 passed in Criminal Misc. Bail Application Nos.24380 of 2019 (Sharukh @ Sameer), 24385 of 2019 (Shahrukh), 23388 of 2019 (Shakir) and 24561 of 2019 (Sahil), copy whereof has been annexed on page nos.39 onwards of the bail application. He claims parity. He submitted that the applicant is languishing in jail since 16.04.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the aforesaid co-accused have been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Rapsan involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 17.9.2019
R./
1 issue framed by the court
Whether the bail application filed by the applicant is a fit case for granting bail considering the parity and other circumstances.
Rapsan
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
