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Judgment
11 paragraphs · 304 wordsRavindra Maithani, J
Applicant-Ravi alias Kallu is in judicial custody in FIR/Case Crime No. 551 of 2021, under Sections 394, 411, 120B of IPC, Police Station Kotwali Ranipur, District Haridwar. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to FIR, on 10.12.2021 at 9:45 late in the evening, two persons attacked the informant and snatched his bag, which had Rs. 1,30,000/- cash and other documents. They also snatched a mobile phone.
It is the prosecution case that on 19.02.2022, on information has been received, the applicant was apprehended along with co-accused. A mobile phone of the case was recovered from him.
Learned counsel for the applicant would submit that there is no evidence against the applicant. Based on one recovery, multiple cases were registered against the applicant. No test identification parade was done.
Learned State Counsel would submit that the mobile of the informant was recovered from the applicant and the IMEI number of the informant’s mobile and the mobile which was recovered from the applicant is the same.
The Court wanted to know from learned State Counsel as to how police could identify the IMEI number of the mobile number of the informant because the informant in his statement has stated only, the mobile number of his telephone, not IMEI number. Admittedly, no test identification was done.
Having considered the entirety of facts as discussed above, this Court is of the view that it is a case fit for bail. The applicant deserves to be enlarged on bail.
The bail application is allowed.
Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
