In a bail application under Sections 412, 414 IPC regarding an alleged robbery, the Single Bench found the case fit for bail. The court released the applicant on a personal bond with two sureties, subject to conditions to prevent tampering and ensure appearance in court.
Released on bail with a personal bond and two sureties, subject to standard conditions.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4566 of 2021
Applicant :- Ankit Joshi Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Kulshrestha Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Ankit Joshi, who is involved in Case Crime No. 584 of 2020 under Sections 412,414 I.P.C. P.S.- Kotwali District-Etawh.
Learned counsel for the applicant has submitted that the applicant is innocent and has no concerned with the alleged involvement in the robbery. The alleged recovery is the joint recovery and the applicant has been languishing in jail since 23.10.2020 has no criminal antecedent. There is no independent witness of the alleged recovery.
Learned AGA opposed the contentions made by learned counsel for the applicant.
The FIR of robbery which was registered in Case Crime No. 448 of 2020 is against the unknown persons in which robbery of the truck along with goods and two mobiles is mentioned. No details of the goods are mentioned in the FIR. The joint recovery which is found from the possession of the applicant and Satya Narain Dubey has not been identified by the informant till date.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s) Ankit Joshi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant(s) shall not indulge in any criminal activity.
evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 21.1.2021 SKS
1 issue framed by the court
Whether the applicant is in a fit case to be released on bail.
Ankit Joshi
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
