In Criminal Misc. Bail Application No. 18353 of 2020, the court granted bail to Amarjeet Yadav alleged under Sections 394, 307, 411 IPC and 7 Criminal Law Amendment Act, imposing standard conditions including furnishing a personal bond and sureties.
Release of the applicant on bail with a personal bond and two sureties on specified conditions.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18353 of 2020
Applicant :- Amarjeet Yadav @ Kundan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant through the video conferencing, learned A.G.A for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident has been lodged against three unknown miscreants under sections 394, 307 IPC. Co-accused Rajan Rajbhar @ Badkoo and Arvind Rajbhar @ Mangnoo were apprehended by public after the alleged incident. They have disclosed the name of the applicant. The applicant has not been arrested on spot. It is said that the applicant has got recovered the bag after 14 days of the alleged incident. It has further been submitted that the false recovery has been planted against the applicant. No looted money was recovered from the possession of the applicant or on his pointing out. The only recovery of a bag has been shown. No identification parade of the applicant has been held. The applicant has not committed the alleged offence, after alleged incident the applicant has falsely been implicated in gangster Act. The criminal history of the applicant has been explained in paragraph no. 3 of supplementary affidavit filed in support of bail application. The applicant is in jail since 2.1.2020.
Per contra, learned A.G.A opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Amarjeet Yadav @ Kundan Yadav involved in Case Crime No. 305 of 2019, under Sections 394, 307, 411 IPC and 7 Criminal Law Amendment Act, P.S. Chandwak, District Jaunpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 21.8.2020/A.
2 issues framed by the court
Whether the applicant is entitled to bail in the charge under Sections 394, 307, 411 IPC and 7 Criminal Law Amendment Act.
Whether the false implication and non-recovery of looted money warrant granting bail.
3 provisions across 2 enactments
Amarjeet Yadav @ Kundan Yadav
State of U.P.
Bachchoo Lal J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
