Bail application allowed for the applicant in a snatching case under IPC Sections 392, 411 and 411. Court noted the co-accused was already released on bail and the case was litigated on false implications.
Applicant released on bail on furnishing a personal bond and two reliable sureties each of like amount to the court concerned.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47181 of 2022
Applicant :- Akash @ Chinna Opposite Party :- State of U.P. Counsel for Applicant :- Raghuraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Raghuraj Singh, the learned counsel for the applicant, Sri D.K.Srivastava, the learned Additional Government Advocate and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 229 of 2022, under Sections 392, 411, 413 IPC, Police Station Friends Colony, District Etawah.
3.The aforesaid case has been registered on the basis of an FIR lodged on 26.03.2022 alleging snatching of a gold chain and four rings by two unknown motorcycle borne persons.
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 15.07.2022. It has also 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 police claimed to have arrested two persons on the basis of information received from a Mukhbir and it is alleged that during personal search of the applicant, a chain of yellow metal was recovered. A ring of yellow metal have been recovered from the co-accused Veeru in the same recovery.
6.The learned counsel for the applicant has submitted that the co-accused Rahul @ Veeru, from whom a ring of yellow metal had been recovered in the same recovery, has already been granted bail by means of an order dated 14.09.2022 passed by this Court in Criminal Misc. Bail Application No. 38455 of 2022.
7.The applicant's criminal history of five cases has been
disclosed in para 14 of the affidavit and his involvement in three more cases has been explained in para-3 of the supplementary affidavit, in which the applicant has already been granted bail.
8.It is further submitted by the learned counsel for the applicant that the case set up against the applicant is similar to that set up against the other co-accused person, who has already been released on bail, therefore, the applicant is also entitled to be released on bail on the ground of parity.
9.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute that the case set up against the applicant is similar to that set up against the other co-accused person, who has already been released on bail.
10.Having considered the aforesaid facts and circumstances and keeping in view the fact that the FIR has been lodged against unknown persons; that the applicant has been implicated in the present case in his confessional statement recorded in custody; that the co-accused person Rahul @ Veeru has already been granted bail; that the case set up against the applicant is similar to that set up against the aforesaid co-accused, I am of the view that the applicant is also entitled to be released on bail in the aforesaid case. The bail application is allowed.
11.Let the applicant - Akash @ Chinna be released on bail in Case Crime No. 229 of 2022, under Sections 392, 411, 413 IPC, Police Station Friends Colony, District Etawah 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.
12.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 :- 9.12.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.12.13 13:07:35 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail when a co-accused has already been released on bail for similar facts.
1 provisions across 1 enactments
Akash @ Chinna
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
