Court No. - 8 Case :- BAIL No. - 801 of 2010 Petitioner :- Dheerendra Kumar Saroj Respondent :- State Of U.P. Petitioner Counsel :- Amar Nath Dubey Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicant, the learned Additional
Government Advocate and perused the F.I.R. and other relevant
papers on the record.
The submission of the learned counsel for the applicant is that
F.I.R. in the present case was lodged against unknown persons on
28.12.2009. Learned counsel for the applicant submits that on
31.12.2009, the accused-applicant was apprehended by the police
along with co-accused Krishna Kumar Yadav. It is further
submitted that, as alleged, the motor cycle, on which the accused-
applicant was sitting behind co-accused Krishna Kr. Yadav, was a
stolen motor cycle and was connected with the present case. It is
further submitted that the applicant is innocent and has no concern
with the present case. It is also submitted that the recovery, as
alleged, is fake and concocted. Learned counsel further submits
that the allegations so levelled against the accused-applicant are
triable by Magistrate. The applicant is in jail since 31.12.2009, as
averred in para 11 of the application and has no criminal history,
as averred in para 10 of the application.
Considering the facts and circumstance of the case, I direct that
the applicant be released on bail in case Crime No.488/2009 u/s
379/411/419/420/467/468/471 I.P.C. P.S.Kotwali Kunda District
Pratapgarh 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 :- 4.2.2010
kvg/-