Court No. - 8 Case :- BAIL No. - 47 of 2010 Petitioner :- Siraj @ Wakil Respondent :- State Of U.P. Petitioner Counsel :- Girish Kumar "Kanaujiya",Mahmood Alam Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
F.I.R. and other relevant papers filed in support of the bail application.
The submission of learned counsel for the applicant is that, as alleged, the
occurrence has taken place on 5.10.2009 at time unknown and the report of
the same was lodged on 8.10.2009 at 14:15 hours. The accused-applicant has
been named in the F.I.R. There is an inordinate delay of three days in lodging
the F.I.R. and no explanation with regard to the same has come up in the
prosecution version. It is also the case of the prosecution that certain articles
which belonged to the shop of the complainant were recovered from the
possession of the accused-applicant. It is contended by learned counsel for
the applicant that the recovery, as alleged, is fake and the applicant is
innocent and has falsely been implicated in the present case. The offences
levelled against the accused-applicant are triable by Magistrate. The applicant
is in jail since October, 2009 and has no previous criminal history, as averred
in para 13 of the bail application.
Considering the overall aspects of the matter and without entering into the
merit of the case, I hereby provide that the applicant, Siraj alias Wakil be
released on bail in Case Crime No.1044/2009, under Sections 457, 380, 411
I.P.C., P.S. Rudauli, District Faizabad, on his filing a personal bond and two
sureties each in the like amount to the satisfaction of the court
concerned/remand magistrate.
Order Date :- 6.1.2010
Kpy