HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18716 of 2011 Petitioner :- Intekhab Respondent :- State Of U.P. Petitioner Counsel :- Zafeer Ahmad Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
It is contended by the learned counsel for the applicant that neither the applicant is named in the First Information Report nor the applicant looted the amount or there is any recovery from his possession. There was some dispute between husband and wife. The allegation was regarding threat against husband and other co accused. Wife of the applicant went along with Smt. Gudia and she had withdrawn Rs. 1,70,000/- from a bank. Merely on the basis that there was phone call in between the applicant and his wife, on the basis of suspicion the applicant was implicated. There is no allegation of snatching. Even if prosecution case is admitted, it appears that while coming from Scorpio jeep, the informant and Gudia forgot to take bag and due to that it was taken by those persons who were present in the Scorpio. The applicant was neither named in the FIR, nor he was present in the car, however, he is in jail since 27.5,2011 without having any previous criminal history. If the applicant is released on bail, he will not misuse the liberty of bail and will co-operate with the trial.
Learned AGA opposed the aforesaid prayer.
Considering the submissions of learned counsel for the parties, without expressing any opinion on the merits of the case, I consider it a fit case for bail.
Let the applicant Intekhab involved in case crime no. 115 of 2011, under section 420 and 506 IPC, P.S. Katghar, district Moradabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
Order Date :- 25.7.2011 Gss