- (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. Heard learned counsel for the applicant and learned A.G.A. Perused the record. Submission of the counsel for the applicant is that the applicant is a student and is pursuing Hotel Management course from Heritage Institute of Hotel and Tourism, Agra and has been falsely implicated in the criminal case in question and in fact he has been dragged into criminal case only due to the dispute about change of reserved berth which arose while the applicant was travelling from Sampark Kranti train from Maurani Station to Agra Cantt on the berth No.16 of Coach No.HA-1, when the informant Dr. Ram Kumar Singh, who was also travelling in the same coach on seat No.11 and had asked the accused-applicant to interchange the berth. It is further submitted that when the accused-applicant got the knowledge that berth no.11 of informant is an R.A.C. Berth and is not confirmed one, he refused to accept that interchange of berth, which resulted into dispute between the applicant and the informant and the criminal case in question regarding theft of suitcase was falsely lodged against him. It has also been submitted by the counsel for the applicant that the applicant has no criminal history and he belongs to a respectable family and actually nothing has been recovered from the possession of the applicant and the recovery shown by the Police from the possession of the applicant is false due to non fulfillment of demand of illegal gratification. It is also pointed out that the applicant is languishing in jail since 7.8.2015 and in the wake of heavy pendency of cases in the Court there is no likelihood of any early conclusion of trial, and therefore the applicant should be released on bail.
(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. Looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail. Therefore, the prayer for bail of the applicant is rejected.
(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.;