Allowed

Ashutosh Pathak v. State of U.P Thru.Prin. Secy. Home Civil Secrt. Lko.

Allahabad HC2 Apr 2024/3644/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Ashutosh Pathak in a robbery case under IPC. The court noted allegations of false implication, lack of identification marks on recovered jewellery, and prior grant of bail to similarly placed co-accused. Bail granted with personal bond and two sureties.

What did the court decide?

Applicant released on bail with a personal bond and two sureties, subject to conditions against tampering with evidence and future crime.

Ashutosh Pathak Vs State of U.P Thru.Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:26930

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3644 of 2024

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Applicant :- Ashutosh Pathak Opposite Party :- State Of U.P Thru.Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Bhanu Pratap Mishra Counsel for Opposite Party :- A.S.G

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned A.G.A. informs that he has procured complete instructions in the matter including upto date case diary.

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Heard Shri Bhanu Pratap Mishra, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Ashutosh Pathak for grant of bail, in Case Crime No. 20/2024, under Section 395, 412, 120-B IPC, Police Station Inayat Nagar, District Faizabad/Ayodhya, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication. The applicant was not named in the F.I.R., which was lodged by Shri Anil Kumar Soni on 11.01.2024 alleging therein that on 11.1.2024 when he was leaving his shop on motorcycle no. U.P. 42 BP 0651 he was intercepted by three persons and they by assaulting him had snatched the bag containing jewellery and three days after on 14.1.2024 the applicant and other coaccused persons are shown to have been arrested and certain jewellery items of silver and gold is shown have been recovered.

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Highlighting above, it is vehemently submitted that in the FIR or in statement of the informant recorded under Section 161 Cr.P.C. no description or any identification mark has been stated on the basis of which jewellery item which has been allegedly looted could be identified, however, during the course of arrest of the applicant and other co-accused persons the informant is shown to have arrived with his brother and have identified three of the accused persons as well as of jewellery. However, it is not evident from the recovery/ arresting memo as to who were those three persons who were identified by the

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informant and it is also not evident as to how without there being any specific mark on the jewellery looted/ recovered, the same has been identified.

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It is further submitted that from before involvement of the applicant in this case, he was not having any criminal history and with the involvement of the applicant in this case, one more criminal case has been slapped against him, wherein the applicant has been released on bail. Applicant is detained in prison since 14.01.2024 and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty. Charge sheet in this case has already been submitted. Identically placed co-accused Chhotu @ Indal Aditya Singh have been granted bail by this Court, vide orders dated 19.3.2024 and 19.3.2024 passed in Crl. Misc. Bail Application Nos. 3116 of 2024 and 3178 of 2024, respectively.

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Learned A.G.A. on the other hand opposes the prayer of bail of the applicant on the ground that soon after the incident the applicant and other co-accused persons have been arrested and the looted jewellery has been recovered from them and other incriminating articles.

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Perusal of record would reveal that in the First Information Report no mark of identification has been stated by the applicant on the jewellery which is shown to have been looted by three miscreants on 14.1.2024 the applicant and other 4 accused persons in total 5 are shown to have been arrested and from their possession firearm as well as the jewellery of silver and gold is shown to have been recovered. During the course of arrest the informant and his brother is also shown to have arrived and stated to have identified three accused persons out of the five present on the spot. However, the recovery/arrest memo is silent on this point as to who were those three accused persons who were identified by the informant or his brother. It is also highlighted that the jewellery which was looted was not containing any unique identification mark and in absence of the same, the same could not be identified by the informant. The applicant is in jail in this case since 14.01.2024. Charge sheet in this case has already been submitted and the presence of the applicant may be secured before the trial court by placing adequate conditions. Criminal history of one case has been explained. Identically placed co-accused persons, namely, Chhotu @ Indal and Aditya Singh have been granted bail by this Court.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions

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of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Ashutosh Pathak involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.

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Order Date :- 2.4.2024 Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

Ashutosh Pathak v. State of U.P Thru.Prin. Secy. Home Civil Secrt. Lko.

Case brief

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Ashutosh Pathak v. State of U.P Thru.Prin. Secy. Home Civil Secrt. Lko.

Case brief

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