Arshad @ Banti vs State Of U.P.
2017 Latest Caselaw 4535 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 31
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34961 of 2017
 

 
Applicant :- Arshad @ Banti
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Faya Nath Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mukhtar Ahmad,J.

Applicant- Arshad @ Banti seeks bail in Case Crime No. 626 of 2016, under Sections 395, 412, 420 IPC , Police Station Partapur, District Meerut.

Heard learned counsel for the applicant and learned AGA for the State.

As per prosecution case, ten tyre truck containing 640 bags of sugar were stolen by unknown thieves and first information report under Section 379 IPC was registered. Learned Counsel for the applicant-accused submits that he was not named as the first information report was lodged against unknown persons and after 25 days, recovery of 502 bags of sugar is said to have been recovered from another 6 tyre truck. It is also contended that there is no independent witness of the alleged recovery and the allegation is that at the time of recovery 7 persons including applicant were arrested. Further submission is that co-accused namely Ajay @ Jitendra, Adesh Kumar Garg, Anil Kumar have already been granted bail by coordinate Benches of this Court and case of applicant is on same footings.

Bail has been opposed by learned AGA on behalf of the State.However factum of granting bail to co-accused persons and parity has not been disputed.

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.

Without expressing any opinion on the merits of the case, let the above mentioned applicant involved in aforesaid crime 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 with the following conditions that :-

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. He will cooperate in the trial bonafidely without seeking adjournments.

3. He 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 :- 18.9.2017

Shahid