Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39964 of 2019 Applicant :- Jeeshan Opposite Party :- State Of U.P. Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 1061 of 2018, under Sections 392 and 411 I.P.C., P.S. Etmaddaula, District Agra.
As per FIR version, the bag of the complainant has snatched by three unknown persons and they were arrested by the police during checking and incriminating articles were recovered from them.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case due to ulterior motive. He further submitted that nothing incriminating has been recovered from the possession of the applicant. There is no public witness of the alleged recovery. Offence is triable by the Court of Magistrate. The criminal history of the applicant has been properly explained in para 12 of the bail application. No identification parade was conducted. Lastly, he submitted that the applicant is languishing in jail since 29.1.2019 and in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Per contra learned A.G.A. as well as learned counsel for the complainant has vehemently opposed the prayer for bail and submitted that when the present accused was arrested then complainants Manoj Kumar, Bhanu Pratap Tyagi and Pushpa Devi were called by the police and they have verified the arrested accused that these are the persons who had snatched their articles, hence he is not entitled to be enlarged on bail.
After having heard the rival submissions advanced by learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant, this Court does not find it proper to release the applicant on bail.
The bail application is accordingly rejected. Order Date :- 26.9.2019 Mini