Bail Granted to Accused of Causing Hurt During Robbery on Condition of Returning Robbed Amount

The Allahabad High Court at lucknow has allowed bail application of an accused charged under Section 394 and 411 IPC.

An application under Section 439 Cr.P.C. was filed seeking bail in FIR No.203 of 2019 under Sections 394 and 411 IPC, Police Station Bheeti, District Ambedkar Nagar. 

The complainant registered an FIR alleging that on 14.10.2019 at around 8.30 PM the complainant, who was running State Bank Grahak Sewa Kendra, was coming back from the branch having Rs.3,50,000/- in his bag. Two persons riding on a Pulsar motorcycle came and snatched the bag containing Rs.3,50,000/-. 

The accused-applicant as well as co-accused were arrested. From the possession of co-accused, Rs.75,000/- was recovered, whereas from the possession of the accused-applicant Rs.4,500/- was recovered. Accused Abhishek Singh @ Akki has stated that Rs.3,50,000/- looted from the complainant was divided between them. 

The accused-applicant has a long criminal history of nine cases, including one case under Section 307 IPC. However, he has been enlarged on bail in the aforesaid cases, except the case under the Gangsters Act. 

Further, the accused applicant has been in jail since 14.11.2019. Counsel for the accused-applicant submitted that the accused-applicant is ready and willing to deposit some amount, which can be withdrawn by the complainant without prejudice to his rights and contentions. AGA for the Government opposed the prayer for bail, but not disputed the above facts. 

Considering the above facts and circumstances of the case, coupled with the contentions raised by the counsel for both sides, and without entering into the merit of the case, the Allahabad High Court at Lucknow granted bail to the accused

The accused has been directed to be released on bail subject depositing Rs.1,00,000/- (Rs.One Lakh) with the trial court within a period of four weeks from the date of his release and the trial court after due verification shall disburse the said amount to the complainant. In case of failure to deposit the aforesaid amount within the said period, this order shall be deemed to be cancelled and the accused applicant shall be taken into custody forthwith.

Further conditions imposed while granting bail have to be followed by the accused.

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