Learned A.G.A. informs that he has procured complete instructions in the matter and the charge-sheet in this case has already been submitted.
Heard learned counsel for the applicant through Video Conferencing as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant- Sahil Kumar @ Mulayam for grant of bail, in Crime No. 14 of 2021, under Section 392 and 411 I.P.C., Police Station Visheshwarganj, District Bahraich, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.
It is further submitted that the allegations as stated in the F.I.R. are that on 19.01.2021 applicant along with another person has looted Rs. 50,000/- from the mother of the informant and subsequently on 22.01.2021 the applicant was arrested and 'Aadhar Card' of the mother of the informant as well as Rs. 8000/- which were part of the allegedly looted money was recovered from his possession and he and his motorcycle identified by the informant who was at that point of time with the arresting police party.
Highlighting the above factual matrix, it has been vehemently submitted by learned counsel for the applicant that the manner in which it is shown that the informant was accompanying the police party and had identified the motorcycle and the applicant could not be believed, moreso for want of independent prosecution witnesses, as the police party was admittedly having prior information of the arrival of the applicant.
It is further submitted that applicant was not named in the F.I.R. and it could not be believed on the touchstone of probability that the applicant after looting the money from the mother of the informant was carrying the same in his pocket on the day on which he was arrested. Moreso, it has not been stated in the F.I.R. that 'Aadhar Card' of the mother of the informant was also snatched away by the miscreants and, therefore, the recovery of the 'Aadhar Card' pertaining to the mother of the informant appears to be planted by the police.
It is further submitted that charge-sheet in the matter has already been submitted and the applicant is in jail in this matter since 23.01.2021 without any previous criminal antecedents, as the one case pertaining to Section 3/25 of Arms Act has been slapped against him at the time of his alleged arrest and prior to the arrest of the applicant in the instant case he was not involved in any other criminal case. It isalso submitted that there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.
It is further submitted that the money i.e. Rs. 8000/- is shown to have been recovered from the applicant was actually given to the applicant by his father-in-law and was not having any concern with the money which was allegedly looted from the mother of the informant.
Learned A.G.A., however, opposes the prayer for bail of the applicant on the ground that he has committed a heinous offence and, therefore, he is not entitled to be released on bail.
It is further submitted by learned A.G.A. that the applicant has also seen present in an around the bank in the C.C.T.V. footage and, therefore, he could not deny his culpability in the crime.
Having heard learned counsel for the parties and having perused the record, it is evident that the applicant was not named in the F.I.R.. The alleged incident had happened on 19.01.2021 wherein only Rs. 50,000/- is stated to have been looted and there is no mention of any Aadhar Card. However, the applicant is stated to have been arrested on 22.01.2021 and from him Rs. 8000/- and 'Aadhar Card' of the mother of informant is shown to have been recovered. The informant has allegedly identified the applicant who was accompanying the police party. It is vehemently submitted by learned counsel for the applicant that the manner in which the identification of the applicant has been done is in the shadow of doubt, as the police party did not make any effort to procure independent public witnesses and the Rs. 8000/- which was recovered from the possession of the applicant was of the father-in-law of the applicant.
It is vehemently submitted on behalf of the applicant that mother of the applicant is having bank account in the same bank and branch and, therefore, the presence of the applicant in the bank even on the day of the occurrence could not be termed as unusual and suspicious and simply on the basis of his presence in the bank, the applicant could not be attributed any culpability. The applicant is in jail in this matter since 23.01.2021 and is not carrying any criminal history and the presence of the applicant could be secured before the court below by placing suitable conditions and the charge-sheet in this case has already been submitted.
Having regard to the overall facts and circumstances of the case, I find substance in the submissions made by learned counsel for the applicant for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant- Sahil Kumar @ Mulayam involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 13.4.2021 Praveen