Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16682 of 2021 Applicant :- Sarik Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Sarik in connection with Case Crime No.77 of 2021, under Sections 392, 411 IPC, Police Station Massorie, District Ghaziabad.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State through video conferencing.
The submission of the learned Counsel for the applicant is that the applicant has been falsely implicated in the present crime. It is pointed out that the charge against the applicant and co-accused is that they were intercepted by a police team and from their possession, some articles, that were proceeds of loot, were recovered, besides some illegal weapon. It is submitted that a perusal of the recovery memo shows that they were roaming in the same locality where the loot was committed, which in itself is unnatural and bears serious doubt on the prosecution case. It is also pointed out that from the possession of the applicant, a mobile phone and cash of Rs.1650/-, are all that are shown to be recovered, but identification of the mobile phone, said to be looted, is not mentioned in the FIR. It is also urged that the sum of Rs.1650/- recovered from the applicant is money that belongs to him, and the knife shown to be in his possession, was planted by the police. It is, in particular, asserted in paragraph no.8 of the affidavit that no test identification parade was conducted where the applicant or the other co-accused could be identified by the victims of the loot. It is urged that the applicant has been implicated in the present case falsely by the police, because while passing by the Police Station along with co-accused, he declined a policeman on the latter's command to clean the police station, leading the two to be forcibly detained and then challaned in the present crime. It is, particularly, argued that the applicant has no criminal history and is in jail since 20.02.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there is no such recovery from the applicant as may inspire confidence about it connecting him to some case of loot, the fact that no test identification parade was held to identify the applicant as perpetrator of the crime involving loot, the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Sarik, involved in Case Crime No.77 of 2021, under Sections 392, 411 IPC, Police Station Massorie, District Ghaziabad be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 10.5.2021 Anoop