High Court of Judicature at Allahabad
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Amit Arya v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 10219 of 2006  RD-AH 10150 (24 May 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Amit Arya indicted in case crime No. 204 of 2004 under sections 408, 411 I.P.C. P.S. Phase 2 Noida District Gautambudh Nagar.
Heard Dr. Akhilesh Kumar Sharma, learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that police custody remand was taken and recovery of 576 gm silver ornaments and silver rod weighing 11.06 gm. is said to have been made on the pointing out of the applicant. The learned counsel submitted that co-accused R.K. Pathak has been granted bail by this court by an order dated 13.9.2005 passed in Criminal Misc. Bail Application No. 1962 of 2005 and the case of the applicant is similar to the said co-accused. The learned counsel urged that the allegation against the applicant is that silver ornaments loaded on Scorpio car were misappropriated by the applicant and co-accused.
The learned A.G.A submitted that applicant absconded after the commission of offence and process under sections 82 and 83 Cr.P.C. was issued against him. The learned A.G.A. urged that applicant surrendered and police custody remand was taken and in pursuance of his disclosure statement the recovery of silver ornaments was made.
I have taken into consideration the submissions advanced on behalf of both the parties.
The co-accused R.K. Pathak has been granted bail by this court by an order dated 13.9.2005. The case of the applicant is similar to that of co-accused. There are no public witnesses to the recovery and the offences are triable by the Magistrate Ist Class. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Amit Arya indicted in case crime No. 204 of 2004 under sections 408, 411 I.P.C. P.S. Phase 2 Noida District Gautambudh Nagar, 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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