Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9166 of 2018 Applicant :- Ram Ratan Opposite Party :- State Of U.P.
Counsel for Applicant :- Anita Singh,Nirmla Kumari,Prem Babu Verma Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, and learned A.G.A. for the State.
This bail application has been moved by the accused-applicant Ram Ratan who is involved in Case Crime No. 154/2017, under Section 394, 302 and 411 I.P.C., Police Station- Sahayal, District Auraiya.
As per prosecution version, in intervening night of 20/21.08.2017, three unknown miscreants entered into the house of informant Smt. Doly Gupta. They caused injuries to mother Smt. Gulabo Devi, father Bhai Dayal of informant Smt. Doly Gupta, tenant Deepu and his wife, after loot of three rings, ear ring, necklace, anklet, nose ring and other valuable ornaments and Rs. 10,000/- cash. Later on, Smt. Gulabo Devi died due to injuries.
It is contended by learned counsel for the applicant that the applicant is not named in F.I.R.. He has been made accused in this case on the basis of confessional statement of co-accused Channa @ Ram Pratap. On 11.11.2017, a false recovery has been made against applicant in this case. No identification parade either of applicant or of ornaments, was conducted by the police. In the recovery memo, it is not mentioned that recovered ornaments are golden but it is mentioned that recovered ornaments are of yellow metal. It is further contended that applicant was arrested by police in Case Crime No. 204/2017, under Section 3/25 Arms Act, P.S. Sahayal, District Auraiya and has been also falsely implicated in Case Crime Nos. 173/2017, under Section 393 and 307 I.P.C. and Case Crime No. 174/2017, under Section 307 I.P.C. and section 7 Criminal Law Amendment Act, P.S. Sahayal, District Auraiya. By order of this Court dated 09.03.2018 in Criminal Misc. Bail Application No. 8985/2018, applicant is on bail in Case Crime No. 173/2017. By orders of Sessions Judge, Auraiya dated 08.12.2017 and 20.12.2017 in Bail Application Nos. 1284/2017 and 1302/2017, applicant is on bail in Case Crime Nos. 204/2017 and 174/2017, copies of which have been produced for perusal. It is further contended that there was no specification of looted articles in F.I.R. and it was not possible for Bhai Dayal to identify the looted articles on spot. Police has falsely implicated the applicant to show good work.
Learned A.G.A. has opposed the prayer for bail, however admitted this fact that applicant has been made accused in this case on the basis of confessional statement of co-accused Channa @ Ram Pratap before police. On 11.11.2017 looted two ring, one chain and one nose ring of yellow metal and one mangalsutra in polythene were recovered from the possession of applicant. Bhai Dayal reached on spot of recovery and identified the looted ornaments.
No identification parade either of applicant or of recovered articles, has been conducted by the prosecution. Applicant is not named in F.I.R. After three months of occurrence, it is alleged that looted articles have been recovered from the possession of applicant.
Considering the facts and circumstances of the case, it is fit case to enlarge the applicant on bail.
Let the applicant Ram Ratan be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly bail application is allowed. Order Date :- 28.3.2018 Sharad/-