Court No. - 8 Case :- BAIL No. - 480 of 2010 Petitioner :- Alok Bajpai Respondent :- State Of U.P. Petitioner Counsel :- Pankaj Kumar Tiwari 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, as
alleged, one motor cycle was recovered from his possession along
with one country made pistol on 12.11.2009. This motor cycle was
stolen, which was connected to the crime committed in the night of
17th October, 2009, when a motor cycle was stolen from
Nishadganj, Lucknow, in front of house of Khurshid. Submission
of learned counsel for the applicant is that the recovery, as
alleged, is fake and concocted. The applicant is innocent. It is
also submitted that there is no independent witness of recovery
which makes the recovery doubtful. It is also submitted that the
applicant has no previous criminal history, as averred in para 7 of
the application and that the offences so levelled are triable by
Magistrate. The applicant is in jail since 13.11.2009.
Considering the facts and circumstance of the case, I direct that
the applicant be released on bail in case Crime No.nil/2009 u/s
41/411 IPC P.S. Ganga Ghat District Unnao 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 :- 27.1.2010