Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submitted that applicant is not named in the F.I.R. The applicant was arrested along with other co-accused, but no stolen property was recovered from the possession of the applicant. The only incriminating circumstance against the applicant is the confessional statement of the co-accused recorded by the police.
Learned A.G.A. opposed the prayer for bail.
Considering all the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
Let the applicant Divyansh Awasthi @ Divyank Awasthi @ Lichu involved in Case Crime No. 308 of 2011, under Sections 392, 411 IPC, P.S. Ashiyana, District-Lucknow 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 with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.
Order Date :- 2.3.2012 Ashish Nayan