Allahabad High Court High Court

Suman Bhashkar vs State Of U.P. on 25 June, 2010

Allahabad High Court
Suman Bhashkar vs State Of U.P. on 25 June, 2010
Court No. - 20

Case :- BAIL No. - 4792 of 2010

Petitioner :- Suman Bhashkar
Respondent :- State Of U.P.
Petitioner Counsel :- Prashansa Singh
Respondent Counsel :- Govt. Advocate

Hon'ble Raj Mani Chauhan,J.

Heard learned counsel for the applicant and learned A.G.A. for the State as
well as perused the record.

The accused-applicant Suman Bhashkar is involved and detained in Case
Crime No. 07 of 2009, under Sections 379, 411 I.P.C. from Police Station
G.R.P. Sultanpur, District Sultanpur and he has applied for bail.

The submission of learned counsel for the applicant is that the Station Officer
of G.R.P. District Sultanpur got the F.I.R. registered on 12.12.2008 against
unknown accused under Section 379 IPC at crime No. 07/2009 at police
Station G.R.P. Sultanpur, District Sultanpur. Allegation against the accused
applicant is that on 10.12.08, the complainant was traveling by train from
Ambala to Patna, he had kept his luggage on the seat when he awoke at
Varanasi he found that his luggage was missing which was containing
Mangalsutra of his wife and seventy five hundred rupees in cash. The further
prosecution case is that the accused is said to have been arrested on 18.05.10
by police G.R.P. Sultanpur and a stolen mobile handset is said to have been
recovered from the possession of the accused. Learned counsel submits that
the alleged recovered mobile does not tally with the details given by the
complainant in F.I.R. There is no evidence to show the involvement of the
accused applicant in the alleged theft. He has falsely been implicated by the
police in the present case. He, therefore, deserves to be released on bail.

Learned A.G.A. opposed the bail application.

Considered the submissions of the learned counsel for the applicant and the
learned Additional Government Advocate. Keeping in view the totality of the
facts and circumstances of the case, without expressing any opinion on the
merits of the case, accused applicant may be released on bail.

Let applicant Suman Bhaskar be released on bail in aforesaid case crime
number on his furnishing a personal bond with two sureties each in the like
amount to the satisfaction of the court concerned.

Order Date :- 25.6.2010
Kan