Court No. - 20 Case :- BAIL No. - 4820 of 2010 Petitioner :- Aleem Respondent :- State Of U.P. Petitioner Counsel :- Pratul Gupta 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 Aleem, S/o Sri Shafi, R/o Village Khamharia Pandit, P.S. Isa
Nagar, District Lakhimpur Kheri is involved and detained in case crime no.
135/2010 under Sections 379/411/20 IPC, from P.S. Isa Nagar, District Kheri.
The submission of learned counsel for the applicant is that as per prosecution
case S.H.O. of P.S. Isa Nagar on 28.1.2010 recovered government books from
trolley no. UP-31-1189 which was being transported for selling the same to
Islam (Kawadi), R/o Dhaurahara. The books were 6291 in number which
were to be distributed to the government schools. Accused Aleem was the
driver of the trolley, he told his name as Sharif, S/o Namdar, R/o Khamaria,
P.S. Isa Nagar. The trolley was belonging to another co-accused Murli, R/o
Murabba. The present accused is handicapped and an employee of the Sharif
Ahmad. He was not involved in carrying away the government books for
selling the same to Kawadi. The two other co-accused Sudhir Kumar and
Muniees Kumar @ Murli have already been ordered to be released on bail
vide order dated 30.4.2010 passed in Cr. Misc. Case No. 2264 (B) of 2010
and 24.5.2010 passed in Cr. Misc. Case No. 4067 (B) of 2010. The accused,
therefore, also deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considered the submissions of learned counsel for the applicant and learned
A.G.A. for the State. Keeping in view the totality of the facts and
circumstances of the case as well as the fact that the co-accused have already
been ordered to be released on bail, therefore, without expressing any opinion
on the merit of the case, the accused applicant may also be released on bail.
Let the applicant Aleem be released on bail in the aforesaid case crime
number on his furnishing a personal bond of two sureties each in the like
amount to the satisfaction of the court concerned.
Order Date :- 29.6.2010
Santosh/-