Court No. - 28 Case :- BAIL No. - 2016 of 2010 Petitioner :- Abu Hazefa Respondent :- State Of U.P. Petitioner Counsel :- Gaurav Mishra,Dev Kumar Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Rejoinder affidavit filed on behalf of State is taken record.
Heard the learned counsel for the applicant and the learned AGA and perused
the record.
The learned counsel for the applicant submitted that co-accused Ashok Kumar
Yadav has already been enlarged on bail by this Court. It was next submitted
that only an amount of Rs. 2800/- and a mobile phone set are alleged to have
been recovered from the possession of the applicant. There is no specific
mark of identification to connect the recovered currency notes with the instant
crime. The mobile phone set also has not been connected with the present
case. It was further submitted that the recovery has been planted by the police
to falsely implicate the applicant. No public witness was present at the time of
the alleged recovery.
There does not appear to be any reasonable ground to believe that the
applicant will temper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offence, evidence, complicity of the
accused, the severity of the punishment and submissions of the learned
counsel for the applicant and the learned AGA, I am of the view that the
applicant has made out a case for bail.
Let the applicant Abu Hazefa involved in case crime No. 422 of 2009 under
sections 395, 412 IPC, P.S. Aaspur Deosara, District Pratapgarh be released
on bail on his furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the Chief Judicial Magistrate, Pratapgarh.
Order Date :- 26.7.2010
MTA
