High Court Court No. 90 allowed bail to applicant Babbu @ Babu Malik in a Chapter 392 IPC snatching case, noting prima facie satisfaction of charge and citing Dataram Singh, imposing standard bond conditions.
Released on bail with personal bond and two sureties each, subject to attending trial, non-tampering, and no illegal activities.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9848 of 2022
Applicant :- Babbu @ Babu Malik Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.
The accused applicant, Babbu @ Babu Malik is involved in Case Crime No. 637 of 2021, under Section 392 I.P.C. registered at Police Station Nai Mandi, District Muzaffar Nagar.
It is argued by the learned counsel for the applicant that the incident is dated 05.12.2021 whereby the chain of the first informant was snatched by the unknown persons. The first information report of the same was registered after seven days on 12.12.2021. On 13.12.2021, the police apprehended four persons from a Bolero. The present accused along with one accused was following the bolero on scooty. When this accused was apprehended, one scooty and Rs. 9000/- were recovered from him. Babbu and the co-accused Sajid and Iqram have confessed the incident of chain snatching on 05.12.2021. It is said that after melting the chain, gold was sold for Rs. 30,000/-. There is no witness of the incident. The co-accused Tushar, Vaibhav @ Subhash, Sajid and Ikram have been granted bail by the coordinate bench of this Court. He is languishing in jail since 14.12.2021, hence prayer for bail is made.
Per contra, the bail application has been opposed by the learned A.G.A.
Having heard the submissions of learned counsel for the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant - Babbu @ Babu Malik, who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
The identity, status and residential proof of sureties will be verified by the court concerned.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 6.4.2022 gp
Digitally signed by GANESH PRAKASH Date: 2022.04.08 17:28:21 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the accused in a case involving statute of snatching and recovery of chain.
Whether the charged incidents satisfy the prima facie satisfaction of the Court in the given facts.
Whether an order granting bail prejudices the ultimate merits of the case.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherExplained¶9
(2018) 2 SCC 22 · Who else cites this
Babbu @ Babu Malik
Sadhna Rani Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
