The High Court granted bail to the applicant in a criminal case for theft and robbery. The court observed that despite the gravity of the offence, the case qualifies for bail and ordered the applicant's release subject to standard conditions.
Applicant released on bail upon executing a personal bond and furnishing two sureties.
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. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40872 of 2019
Applicant :- Aale Navi Opposite Party :- State Of U.P. Counsel for Applicant :- Ravindra Sharma 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 Aale Navi in connection with Case Crime No.240 of 2019, under Sections 392, 411 I.P.C., P.S. Sahaswan, District Budaun.
The first information report of this incident was lodged with the allegation that some unknown persons looted Rs.4 lacs from the complainant when he was going to his house. The incident has taken place on 11.06.2019.
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 the alleged recovery shown from the applicant is totally fake and false. He submitted that there is no public witness of the alleged recovery. He submitted that the allegedly recovered amount belongs to the applicant which was kept in his house. He further submitted that no identification parade was conducted by the police to ascertain the real culprits. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 21.06.2019 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.
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, 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 Aale Navi 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 :- 16.10.2019
R./
2 issues framed by the court
Whether the applicant is eligible for bail in a case involving offences under Sections 392 and 411 IPC.
Whether the absence of public identification parade and alleged fake recovery warrants release on bail.
1 provisions across 1 enactments
Aale Navi
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
