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Vinod v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 143 of 2006  RD-AH 514 (6 January 2006)
Court No. 19
Crl. Misc. Bail Application No. 143 of 2006
Vinod.....Vs.....State of U.P.
Hon'ble Alok Kumar Singh, J.
Heard learned counsel for the applicant and also the learned A.G.A.
The applicant is involved in case crime No. 357 of 2005, for the offences under Sections 394, 302, 411 IPC, Police Station Mawana District Meerut.
It is alleged that on 27.9.2005 the first informant alongwith his colleague Droydhan was traveling in U.P. Roadways bus which was going to Meerut. Both were working as salesmen in a wine shop of Suresh Barnwal and victim Droyodhan was carrying a bag which contained Rs.15000/-. As soon as the bus reached at Green Public School, Meeut Road, three miscreants who were already sitting in the bus suddenly appeared and one of them started snatching the bag and the other fired at him and after brandishing country made pistols they alighted from the bus and ran away. This report was lodged on the same dated at 10.15 a.m.. It is further alleged that on 28.10.2005, the applicant alongwith co-accused Niraj was arrested and the bag belonging to the deceased was recovered from possession of the co-accused Niraj alongwith three currency notes of Rs.1000/- denomination. From the possession of the applicant five currency notes of Rs.500/- denomination were recovered alongwith country made pistol and cartridges.
Against the genuineness of the prosecution case, proposed supporting evidence and involvement of the applicant in the crime, it was argued that the presence of the complainant at the time of alleged occurrence is itself doubtful, that is why even a single mark of identification of the assailants has not been mentioned in the FIR. Moreover, inspite of claiming identification, it was not got done. Further it was pointed out that after a lapse of about a month the alleged recovery of five currency notes of Rs.500/- denomination was shown but even in respect of those currency notes no identification marks have been mentioned any where. Learned counsel for the applicant also pointed out that those currency notes have been claimed by the applicant as mentioned in para 18 of the affidavit. In respect of apprehension regarding tampering with the witnesses, it was pointed out that the applicant has no criminal history to his credit.
The learned A.G.A. however, opposed the bail application
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court regarding proposed evidence and genuineness of the prosecution case were duly considered.
In view of the entire facts and circumstances of the case, taking into consideration some of the arguments advanced on behalf of the applicant in respect of the points discussed herein above, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.
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