Ankit v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49217 of 2023 Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Nitin Sharma Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The present first bail application under Section 439 Cr.P.C. has been filed on behalf of the applicant in Case Crime No. 213 of 2023 under Sections 392, 411, 120-B I.P.C. Police Station Mawana, District Meerut with the prayer to enlarge him on bail.

¶3Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. Prosecution story as per the F.I.R. is that the informant is the functionary who use to deposit cash in various ATM machines. On 19.05.2023, two unknown persons riding on their Splendor Motorcycle looted a bag from the informant at gun point containing Rs. 15,00,000/- which was to be deposited in ATM machines. It is submitted that applicant is not named in the F.I.R. It is further submitted that Rs. 1,00,000/- which is said to have been recovered from the applicant after three months belongs to him and there is no evidence that the recovered amount is in any way connected with the looted money. It is next submitted that there is no public witness of the alleged recovery. It is contended that at a later stage in the additional statement of informant, the name of the applicant surfaced on the ground that the applicant was seen with one Vikas who was working in the Bank on contract basis. It is next contended that witnesses Dinesh and Manoj are chance witnesses who stated in their statement under Section 161 Cr.P.C. that they have heard about the incident but have never witnessed the incident. It is further contended that no test identification parade has been conducted and there is no CCTV footage on record to show the complicity of the applicant in the present case. Applicant is languishing in jail since 12.09.2023 having no criminal history to his credit and if he is granted the liberty of bail he will not misuse the same and he is ready to furnish adequate sureties, bonds and personal bonds and shall co-operate in the trial.

¶4On the other hand, learned AGA has opposed the prayer of bail but could not controvert the aforesaid arguments as advanced by learned counsel for the applicant.

¶5Considering the fact that the applicant was not named in the F.I.R. and he was arrested on the basis of information provided by the informer (Mukbir Khas), there is no public witness of the alleged recovery of Rs. 1,00,000/-, no test identification parade has been conducted, there is no CCTV footage to show the complicity of the applicant in the present case, there is no identification of the currency notes said to be recovered from the possession of the applicant that the recovered currency notes is connected with the looted currency notes, applicant has no criminal history to his credit and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail.

¶7Let applicant Ankit be released on bail in the above case crime number and on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 28.11.2023 Karan High Court of Judicature at Allahabad