The court allowed the second bail application of an accused charged under IPC and the Arms Act. The applicant, in judicial custody, secured release on bail by furnishing two sureties without specifying any monetary amount, as per the court's direct order.
Bail granted by executing bonds of two personal and reliable sureties; no security amount fixed.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BA2 No.227 of 2021 Hon’ble R.C. Khulbe, J. Mr. Abhishek Verma and Mr. Mehboob Rahi, learned for the applicant. Mr. Rakesh Kumar Joshi, learned B.H. for the State. This is the second bail application moved on behalf of the accused–Abrar Ansari, who is in judicial custody in connection with Case Crime/ FIR No.6 of 2020, u/s 395, 397, 412/34 IPC and u/s 6/25(2) of Arms Act, registered at P.S. Kichha, Distt. Udham Singh Nagar. It is argued that the accused has been falsely implicated; he is languishing in jail since 25.01.2020; although, there is one criminal case is pending against him, but he is on bail; there is no evidence against him; the co-accused Sandeep Kumar has already been enlarged on bail; accordingly the present applicant is also entitled for bail. Learned State counsel opposed for bail. As per the record, the occurrence took place on 07.01.2020 on the next day i.e. 08.01.2020 the FIR was lodged and accordingly, the accused was arrested on 25.01.2020; on his possession a DBBL gun was recovered; there is no injury received by anyone, who were present at the Petrol Pump. As regard to the looted money of Rs.11,00/- is concerned; there is no such recovery from the present accused. The statements of main witnesses have been recorded; PW-2 Mohan Lal, who was posted at guard, made a statement before the concerned court, but he did not identify the present accused; there is no TIP and even during the course of examination no such question was put to the main witnesses either by the prosecution or by the concerned trial court; the accused has already served 30 months; there is no chance for tampering with the evidence now. Accordingly, without going into merits of the case, it is a fit case for bail at this |
| stage. The bail applicati applicant is directed to executing a personal reliable sureties, each satisfaction of the Court Pending applicat disposed of. |
on be bo of co ion |
is thus, release nd and the like ncerned. , if an |
allowed and the d on bail on his furnishing two amount, to the y, also stands |
|---|---|---|---|
BS |
(R. 1 |
C. Khulbe, J.) 3.06.2022 |
1 issue framed by the court
Whether the applicant is entitled to bail in the present circumstances.
Abrar Ansari
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
