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Judgment
Umesh Chandra Dhyani, J.—The applicants seek bail in connection with F.I.R./Case Crime no. 285/2012, under Sections 395, 397 & 412 IPC, P.S. Kichha, District Udham Singh Nagar.
Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
Applicants, allegedly, trespassed in the house of the complainant in the intervening night of 15/16.10.2012 at about 1:30 AM. When complainant alongwith his wife and son was sleeping, four unknown persons broke open the door of complainant''s house and looted the household items. When the complainant''s wife objected, then accused persons assaulted her. When the accused persons fled away from the house, then the villagers set the victims free. They (victims) were sent to the Government Hospital, Kichha. Accused persons also looted some cash and three blankets. FIR was lodged on the selfsame day.
On 21.10.2012, all the accused persons were found at one place alongwith looted articles. Two accused persons were apprehended on the spot and two fled away. Accused persons were not named in the FIR. It is an admitted fact that no test identification parade was conducted.
Is it possible that all the four robbers will assemble together at one place after a gap of one week for the purpose of distribution of the looted articles? Learned counsel for the applicants further submitted that the applicants have no previous criminal history, are in jail since 21.10.2012 and are ready to furnish local reliable sureties, if they are granted bail.
Considering the above facts and circumstances, a case of bail is made out in favour of the present applicants. The bail application is allowed. Let the accused-applicants be released on bail on their executing a personal bond each and furnishing two local reliable sureties, each of the like amount to the satisfaction of the C.J.M., Udham Singh Nagar.