The High Court allowed the bail application of Yogendra @ Karu accused under Sections 395, 412, 120-B IPC in a dacoity and snatching case, finding it a fit case for bail without expressing an opinion on merits.
The applicant was released on bail on executing a personal bond and furnishing two sureties upon the fulfillment of standard bail conditions.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43091 of 2020
Applicant :- Yogendra @ Karu Opposite Party :- State of U.P. Counsel for Applicant :- Sudhakar Shukla 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 Yogendra @ Karu in connection with Case Crime No.344 of 2020, under Sections 395, 412, 120-B I.P.C., Police Station Shahganj, district Agra.
The first information report of this incident was lodged by the complainant Prashant Gupta against unknown persons. It was alleged in the first information report that on 29.07.2020 when the employee of the complainant was going to deliver the silver to the workers for making ornaments then he was over taken by three persons, who were on the motor-cycle, snatched the bag containing sliver.
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 present applicant was arrested after one month of the incident on the information given by the police informer. He submitted that the alleged recovery shown from the possession of the applicant is totally fake and false as there is no public witness of the aforesaid recovery. He submitted that the applicant is languishing in jail since 23.08.2020 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 person, 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 Yogendra @ Karu 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 2.12.2020 R./
1 issue framed by the court
Whether the applicant is fit for release on bail in a case involving cheating, forging for purpose of cheating, and criminal conspiracy.
Yogendra @ Karu
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
