Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50436 of 2022

Applicant :- Chandrabhan

Opposite Party :- State of U.P.

Counsel for Applicant :- Suresh Singh,Ritesh Singh

Counsel for Opposite Party :- G.A.,Om Narayan Pandey

Hon'ble Sameer Jain,J.

Counter affidavit on behalf of the informant and rejoinder

affidavit on behalf of applicant filed today, are taken on record.

Heard Sri Suresh Singh and Ritesh Singh, learned counsels for

the applicant, Sri Om Narayan Pandey, learned counsel for the

informant and Sri Jhamman Ram, learned AGA, for the State.

The instant bail application has been moved on behalf of the

applicant with the prayer to release him on bail in Case Crime

No. 412 of 2022, under Section 411 IPC, Police Station

Kotwali, District Shahjahanpur during pendency of the trial.

According to the prosecution case, in the intervening night of

15/16.8.2022 from the office of the informant Rs. One Crore

Three Lacs One Thousand was stolen after administering him

some intoxicated items by co-accused Rahul Mishra and one

unknown person.

Learned counsel for the applicant submitted that the entire

allegation made against the applicant is totally false and

baseless and applicant neither committed any theft nor money

was recovered from his possession. He further submitted that

the name of applicant was disclosed by co-accused persons

when they were arrested and on the pointing out of co-accused

Rahul Mishra it is alleged that when Police arrived at the house

of applicant then Rs,Eighty Two Lacs Five Thousand was

recovered from the possession of the applicant. He further

submitted that admittedly there is no allegation against the

applicant that he either administered any intoxicating items to

the informant or committed any theft and even as per

prosecution case, four accused persons, who committed theft in

the office of informant, they handed over the alleged recovered

amount to applicant for the purpose of concealment of the same

and at the time of recovery also applicant was challaned only

under Section 411 IPC and, therefore, as per prosecution story

offence under Section 411 IPC is only made against applicant

and for offence under Section 411 IPC maximum punishment is

three years and applicant, who is in jail since 19.8.2022 may be

released on bail.

He next submitted that applicant is not having any criminal

history and the entire recovery is planted one and no public

witness was taken.

Per contra, learned AGA as well as learned counsel for the

informant vehemently opposed the prayer for bail and

submitted that from the possession of the applicant huge

quantity of more than Eighty Two Lacs was recovered out of

looted money of Rs. One Crore Three Lacs One Thousand and,

therefore, complicity of applicant in the present case is apparent

and both the counsels further submitted that applicant was also

involved in conspiracy of the alleged theft which has been

committed in the office of the informant and, therefore, he

cannot be escaped from his liability under Section 120B IPC.

They further submitted that although applicant has been

challaned for an offence under Section 411 IPC.

I have heard learned counsel for the parties and perused the

record of the case.

Applicant has been made accused in the present matter with the

aid of Section 411 IPC as from his possession huge quantity of

stolen money of Rs.Eighty Two Lacs Five Thousand was

recovered. Although maximum punishment under Section 411

IPC is three years but applicant in the present matter is in jail

since 19.8.2022, i.e., for the last about only five months.

As from the possession of applicant huge quantity of more than

Rs. Eighty Two Lacs was recovered out of stolen money of Rs.

One Crore Three Lacs One Thousand, therefore, considering

the recovery of huge quantity of stolen money from the

possession applicant, in my view, applicant is not entitled t