Bail application filed by Vikas Pandey accused of robbery. Court, considering nature of allegations and delay in FIR without expressing merits, found it fit to grant bail subject to conditions.
Applicant Vikas Pandey released on bail on executing personal bond and furnishing two sureties with court conditions.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47020 of 2022
Applicant :- Vikas Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Prabhat Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant, Vikas Pandey, who is involved in Case Crime No. 60 of 2022, under Sections 392 IPC, Police Station Gagha, District Gorakhpur and is in jail since 19.09.2022 is seeking enlargement on bail during the trial.
The report of this incident was lodged by First Informant on date, which was registered against the unknown persons regarding the incident occurred on 19.02.2022 at 19: 30 O’clock.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case and the prosecution case, as per the FIR is that on 19.02.2022 at 7:30 p.m., alleged victim was returning on foot from Kaudiram her house, after closing the shop and when she reached at Javhi Gajpur turn near Durga Mandir, then, from opposite site the accused persons were on motor cycle snatched her purse with rupees 2500/- and a mobile of Vivo Company, Adhar card and key of the shop and ran away. The argument is that according to prosecution story the incident took place on 19.02.2022 but the first information report was not lodged immediately and was lodged with considerable delay. There is no plausible explanation of delay in lodging the FIR. It is next argued that the name of the applicant came into light through the statement of co-accused Vikas @ Arvind Gaur and there is no independent witness of the alleged incident. It is further submitted that the applicant is languishing in jail since 19.09.2022 and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, perusing
the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be fit case for granting bail.
In view of the above, let the applicant Vikas Pandey be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 9.11.2022/Neetu
Digitally signed by NEETU SINGH Date: 2022.11.16 11:24:01 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant who is accused of robbery under Section 392 IPC.
Vikas Pandey
State of U.P.
Ram Manohar Narayan Mishra
As recorded by the court registry
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