Single bench order granting bail to an applicant in a criminal case under Sections 392 and 411 IPC, directing release on bond and two sureties after verifying identity and residence.
Released on bail on executing personal bond and two sureties; appearance condition imposed.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5356 of 2021
Applicant :- Gambheer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State respondent.
The applicant is involved in Case Crime No.- 38 of 2020, under Sections 392, 411 I.P.C., Police Station- Jaitpur, District- Agra.
The first information report has come to be lodged with the allegations that on 7th June, 2020 at around 5:00 pm in the evening while the informant was returning on his motor bike bearing No.- UP 80 FK 3459 to his residence, the intervening night of 7th - 8th June, 2020 at around 12:30 hours near Reechhapur turning, three persons coming on a motor bike hit the bike from behind and resultantly he fell down and thus they snatched Rs.1,000/- and also took away his motor bike.
It is argued by the learned counsel for the appellant is that three persons including the applicant have come to be named subsequently on the basis of the recovery jointly made from three persons and two of them, namely, Prem Veer and Dinesh have already been granted bail vide order date 13th January, 2021 and 7th January, 2021 vide Criminal Misc. Bail Application Nos. 903 of 2021 and 48229 of 2020 respectively. It is also argued that subsequent to this case in three more cases the applicant has come to be implicated and in one case, he has already been enlarged on bail. These facts have come to be stated in paragraph 11 of the affidavit filed in support of the bail application. The applicant is languishing in jail since 9th August, 2020.
Learned Additional Government Advocate has, however, opposed the bail application but could not dispute the aforesaid fact.
Considering the nature of the offence, evidence, complicity of the accused, severity of punishment and without expressing any opinion on merits of the case, I am of the view that the
applicant is entitled to be enlarged on bail.
The prayer for bail is granted. The application is allowed.
Let the applicant Gambheer Singh involved in the aforesaid case be released on bail on his executing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
However, applicant has been directed to be enlarged on bail with condition that he shall appear before court concerned as and when required and shall not avoid personal appearance, failing which, court below will be at liberty to cancel the bail.
It is also directed that identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
The concerned Court/ Authority/ Official is further directed to 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 :- 29.1.2021
Atmesh
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in a case arising under Sections 392 and 411 IPC.
Gambheer Singh
State of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
