Learned counsel for the applicant has filed supplementary affidavit today, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant has not been named in the F.I.R regarding loot of bag containing ornaments, mobile-phone and cash etc. with the motorcycle on 25.07.2016 and has been falsely implicated on the basis of confessional statement of two accused ? Raj Kumar Soni and others, who were apprehended on 27.07.2016 with recovery of different articles and some cash of Rs.62,000/- (sixty two thousand); that in their confessional statement the co-accused ? Raj Kumar Soni and others, who were apprehended with unauthorized fire arms, stolen motorcycle and cash etc. are alleged to have stated that the ornaments of gold and silver were sold through the applicant ? Pappu Soni to Maruti Silver Tunch House, Chowk, Allahabad on 26.07.2016; that the recovery of ornaments allegedly made from the house of the applicant, has been falsely planted as the same was Stree-Dhan of the wife of the applicant and there is no independent witness of the alleged recovery; that the alleged recovery is also false in view of the fact that the looted articles are alleged to have been sold to Maruti Silver Tunch House Chowk, Allahabad through the applicant ? Pappu Soni; that co-accused ? Mohammad Gulnawas, who was arrested on 27.07.2016 with four others and from whom the recovery was made, has been granted bail by learned Additional Sessions Judge, Court No. 19, Allahabad, vide order dated 10.11.2016, annexed at S.A-1; that applicant has no previous criminal history and has been falsely implicated in the present case; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 28.07.2016.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant ? Pappu Soni be released on bail in Case Crime No. 340 of 2016, under Sections 395, 397, 412 of I.P.C, Police Station ? Soraon, District ? Allahabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate / Court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 23.11.2016 Vinod.