Amit v. State & Ors.
Case brief
What is this about?
This court dismissed bail petitions filed by two minors accused of robbery. The court found prima facie evidence of conspiracy and used of a weapon (katta), concluding the offense was serious and the accused were entitled to be denied bail.
What did the court decide?
Both petitions for bail are dismissed.
What the court decided
Signature Not Verified Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data i s as p er the physical file and no page is missing.
With regard to applicant Yogender it is submitted by learned counsel that nothing was recovered by the 10, the public or by the complainant.
With regard to petitioner Amit, it is submitted by learned counsel appearing for him that the alleged recovery of Rs.8,800/from him has been planted.
I have heard learned counsel for the petitioners and learned Addl. PP for the State.
It is on record that on the information received, police reached at the spot and found two boys, later identified as petitioner Amit and Yogender @ Yogi, in injured condition and surrounded by large public. They were removed to trauma centre by PGR van. Statement of complainant Mohd. Rashid was recorded as per which three boys came on motorcycle on his way and asked him to stop. One of them Suraj took out the key of Motorcycle and another boy namely Yogender @ Yogi took out a katta and put it on his right shoulder and threatened him to give them whatever he had. In the meantime third boy Amit took out Rs. 8,800/- from his left pocket. Thereafter they ran away but there being traffic jam, they fell from the bike in panic. The complainant raised alarm whereupon Amit and Yogender were apprehended by the public. However, Suraj managed to escape. During the scuffle one katta and five live cartridges fell on the road
from the possession of Yogender (g) Yogi which were produced before the 10 by the public including the complainant and his brother. However, the looted money of Rs.8,800/could not be recovered. Later Yogender and Amit were arrested in the hospital and one live and one fired cartridges were recovered from him. Third/accused Suraj it being juvenile has been produced before Juvenile Justice;Court.
Issues for consideration
2 issues framed by the court
Whether the two petitioners, charged with robbery, should be released on bail.
Whether the alleged recovery of money and weapons makes the offense prima facie serious threatening society.
Parties & counsel
- petitioner
Amit
- petitioner
Yogender @ Yogi
Coram
M.L. MEHTAJ
Case details
As recorded by the court registry
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