SOMVRAT Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed seeking the release of the applicant on bail in Case Crime No.309/2015 u/s 379/411 I.P.C., Police Station-G.R.P. Agra Cantt, District-Agra.

(2.) Refuting the aforesaid submissions advanced on behalf of the applicant, learned A.G.A. has submitted that in fact the accused-applicant has chosen a novel method of theft and for this purpose he gets reservation in the superior class coach like AC-II in the train and commits theft of goods of co-passengers. It is further submitted by learned A.G.A. that the accused-applicant was caught red handed by the informant Dr. Ram Kumar Singh while he was committing theft of suitcase of the informant, and as such, the applicant was handed over to the police personnel travelling in the train for security duty. Those police personnel found the applicant in possession of one another suitcase which later on was revealed as belonging of one another co-passenger Km. Neetu Kushwaha who submitted her written complaint at Police Station-J.R.P., Mathura with the allegation that her trolley-bag was stolen by some person while travelling from Sampark Kranti train. Said Km. Neetu identified that very bag which was found in possession of accused-applicant and was recovered from his possession. Learned A.G.A. on the strength of case diary of criminal case in question has submitted that entry regarding the recovery of trolley-bag from the possession of the applicant finds place in the records of the police station concerned and the applicant has failed to give any explanation about such recovery. It has also been submitted that the explanation of false implication set up by the accused-applicant is apparently improbable and there is no ocassion for false implication of accused-applicant by two different co-passengers of same train, who were neither previously known to the accused-applicant nor were having any such animosity to make such grave allegation. It is contended by learned A.G.A. that the incidents of theft during train journeys have become so rampant that the same have got colour of offences against the society at large for the reason that such incident shakes the confidence of common man of the society while travelling from train or any other mode of transportation and as such these type of incidents although relate to offence u/s 379/411 of I.P.C. regarding theft and recovery of one or two things like suitcase, bag etc., but such incidents are liable to be dealt with strictly in the present scenario and hence the accused-applicant is not liable to be released on bail. Lastly it is pointed out that the detention period of the accused is also not so drawn out which may constitute some ground to release him on bail.

(3.) It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.