High Court of Judicature at Allahabad
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Anil Pal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 19249 of 2006  RD-AH 16106 (15 September 2006)
Hon'ble (Mrs.) Saroj Bala,J.
The Bail Application No. 19249 of 2006 in case crime no. 156 of 2006 under section 387 I.P.C. and Bail Application No. 19250 of 2006 in case crime no. 159 of 2006 under sections 420, 467, 471 I.P.C. P.S. Hari Parbat District Agra moved on behalf of the applicant Anil Pal having arisen out of the same incident are being disposed of by common order.
Heard Shri K.N. Raha, learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that recovery of mobile with sim card in the name of another person is said to have been made from the possession of the applicant. The learned counsel argued that there are no independent witnesses to the recovery. The learned counsel pointed out that the co-accused Vinod alias Kallu has been granted bail by the Sessions court. The learned counsel urged that mobile phone was recovered from the possession of Santo Singh but fictitious recovery has been shown from the applicant.
The learned A.G.A. argued that applicant made extortion demand of Rs. 10 lacs. from the recovered mobile and recovery of mobile phone was made from the possession of the applicant. The learned counsel submitted that applicant came at the spot to recover the cash from the complainant and notes manufactured with blank papers handed over to the applicant by the complainant were also recovered from his possession.
I have taken into consideration the submissions advanced on behalf of both the parties.
The offences are triable by the Magistrate Ist class. The applicant is in jail for the last about six months. In view of these facts without expressing any opinion on the merits of the case, I consider it to be a fit case for bail.
Let the applicant Anil Pal indicted in case crime nos. 156 of 2006 and 159 of 2006 under sections 387 420, 467, 471, I.P.C. P.S. Hari Parbat District Agra, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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