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2015 DIGILAW 1637 (ALL)

Javed @ Mau v. State of U. P.

2015-06-29

HARSH KUMAR

body2015
JUDGMENT Hon'ble Harsh Kumar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Learned counsel for the applicant contended that the applicant is not named in the F.I.R. lodged regarding the incident of robbery and loot dated 4.4.2015; that recovery of Rs. 3150/- and Rs. 200/- with a Samsang mobile phone set as well as one pistol and 3 cartridges were allegedly recovered from the possession of applicant after three days of the incident; that the recovery of above articles from applicant has been falsely planted; that there is no independent witness of the alleged recovery; that the alleged recovered articles have not been connected with the looted articles; that the money recovered was own money of applicant and had no connection with alleged loot of Rs. 98,00,000/-; that the applicant has no criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 7.4.2015 and may kindly be released on bail. 3. Learned A.G.A. opposed the prayer of bail. Upon hearing the counsel and perusal of record as well as considering the complicity of accused, severity of punishment as well totality of facts and circumstances, at this stage without expressing any opinion on the merits of the case, I find it a fit case for bail. 4. Let the applicant Javed @ Mau be released on bail in Case Crime No. 177 of 2015, under sections 395, 397, 412 IPC, P.S. Thana Bhawan, District Shamli on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions: - (i) The applicant will cooperate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in absence without sufficient cause, it will be deemed that they are abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not harm and harass the victim in any manner whatsoever. (iii) The applicant will not harm and harass the victim in any manner whatsoever. (iv) The applicant will not indulge in any unlawful activities. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.