Interim Order 11

Order Details: COPY OF ORDER
Pdf Text: SC No. 2/20
State Vs. Kasim Ansari & Ors.
No. 300/19
PS: . Naraina
U/s. 395/397/411/412/34/120B IPC
& 25/54/59 Arms Act
16.12.2020
File taken up today on an application filed under Section 439 Cr. PC
on behalf of the applicant/accused Shanu for grant of bail.
Matter taken up through Video Conferencing from the residence.
Present: Sh. S.K. Kain, Additional PP for the State.
Sh. Shakir Shabbir, Advocate for the applicant/accused Shanu (through V/C).
IO SI Sushil Malik is also present in court.
Reply to bail application filed, which is taken on record.
It has been argued by the learned defence counsel that the applicant is
innocent; he has nothing to do with the present case or that he has been falsely implicated
into the present case at the behest of the complainant; investigation is complete; charge
sheet has already been filed; no recovery has been effected either from or at the instance of
the applicant; no evidence has been cited by the prosecution which places the applicant at
the spot at the time of commission of the alleged incident; TIP of the applicant was not got
done and that no other witnesses are remained to be examined which may connect the
present applicant with the case crime; that the applicant is in J/C since 08.09.2019 and
therefore no useful purpose would be served by keeping him behind the bars. It is further
submitted that applicant belongs to a respectable family and that he is ready to abide by all
the terms and conditions so imposed by the court.
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On the other hand, the bail application has been strongly opposed by the
learned Additional PP arguing that this is the third bail application filed on behalf of the
applicant/accused; that the applicant along with his coaccused are involved into heinous
offence of committing day light robbery; recovery of Rs. 8000/ cash has been effected from
the possession of the applicant; the applicant/accused was present at the spot, which fact
can be verified from the CCTV footage. Further, certified copies of the CDRs have been
obtained, which further corroborates the case qua the presence of the applicant at the spot
at the time of commission of offence. It is also submitted that the FSL result is awaited,
which shall also be filed within 20 days, as per the report given by Director FSL and that
there is every possibility that he may abscond or threaten the complainant and other witness
if enlarged on bail. It is therefore prayed that the applicant be not granted bail at this stage
of the case and therefore the application deserves dismissal.
Considering the totality of facts and circumstances as also taking note of the
accusations and severity of allegations as also the fact that complainant and other
witnesses are yet to be examined and the possibility that on being released on bail,
applicant may abscond or contact, threaten or intimidate the complainant and other
witnesses, I am not inclined to grant bail to the applicant/accused Shanu at this stage.
The application accordingly stands disposed of as dismissed.
Copy of the order be sent to the applicant/accused through Superintendent
Jail as also to all the parties concerned.
(Anil Antil)
ASJ04/NDD/PHC/ND
16.12.2020
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