Ankit v. State of U.P.

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22094 of 2021

Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Ali Zamin,J.

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

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.82 of 2021, under Section 392, 411, 120-B I.P.C., P.S. Babugarh, District Hapur.

Learned counsel for the applicant submits that according to F.I.R. version on 10.03.2021, Rs.90,000/-, a mobile, a tablet of Dell Company Cell No.7426950839, tablet charger, purse having Rs.3,000/-, adhar card, D.L., ATM Card, RC, bio-metric machine and other papers etc. were looted by three persons. He further submits that applicant is not named in the F.I.R. He submits that during investigation on 12.03.2021 including applicant three persons were arrested by police and from their joint possession, ATM Card and Rs.25,080/- were recovered. As per investigation applicant was not participant in the loot. From the possession of the applicant only ATM Card and Rs.5,000/were recovered. He also submits that applicant is a student and passed high school in the year 2019. In the F.I.R., motorcycle number has not been disclosed but informant in the statement under Section 161 Cr.P.C. has disclosed the number of the motorcycle. As per recovery memo Rs.15080/- was recovered from the possession of Ibrish and total Rs.25080/- alleged to have been recovered from the possession of accused but it is not specified how much rupees were recovered from the possession of the applicant and other co-accused. He further submits that the applicant has been falsely implicated in the present case and offence is triable by Magistrate- Ist Class. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no previous criminal history of the applicant and is languishing in jail since 13.03.2021.