The Court allowed bail to the applicant in a robbery case under Section 392 IPC. The applicant, falsely implicated based on a co-accused's confession with no independent recovery, was granted bail pending trial subject to personal bond and sureties.
Released on bail on personal bond and two reliable sureties under specified conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30694 of 2022
Applicant :- Manish Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Harshvardhan, Advocate holding brief of Shri Arvind Agrawal, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned A.G.A. for the State and perused the record.
2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 292 of 2022, under Section 392 I.P.C., P.S. North, District Firozabad.
3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 02-05-2022 alleging robbery of a mobile phone of the informant by two unknown persons. The police claims to have arrested one Arjun Diwakar on 03-05-2022 and it is alleged that three mobile phones were recovered from him and he had confessed that one of the mobiles recovered from him had been snatched away by him and his brother-in-law ( the applicant).
4.The police claims to have arrested the applicant on 29-052022 and it is alleged that a country made pistol had been recovered from him.
4.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 29-05-2022. It has also been stated that nothing has been recovered from the applicant and there is no independent witness of the alleged recovery. It has further been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
5.The learned A.G.A., on the basis of instructions has opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.
6.Having regard to the aforesaid facts and submissions and particularly the fact that the applicant has been arrested on the
basis of the alleged confessional statement made by the coaccused Arjun Diwakar; that nothing has been recovered from the applicant and there is no independent witness of the alleged recovery as also the applicant has no criminal history, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.
7.Let the applicant - Manish be released on bail in Case Crime No. 292 of 2022, under Section 392 I.P.C., P.S. North, District Firozabad on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
8.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 23.8.2022
pks
Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.08.24 16:34:48 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving Section 392 IPC based on lack of recovery and false implication.
Whether the conditions of bail can be framed to secure the investigation and trial process.
1 provisions across 1 enactments
Manish
Subhash Vidyarthi
Pankaj Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
