Court No. - 8 Case :- BAIL No. - 321 of 2010 Petitioner :- Arvind Kumar Dixit Respondent :- State Of U.P. Petitioner Counsel :- Pramod Kumar Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
F.I.R. and other relevant papers filed in support of the bail application.
Counter affidavit filed by the State, is taken on record.
The allegation against the accused-applicant is that when he was apprehended
by police, he was sitting on motorcycle behind co-accused Sumit Gupta, who
was driving the motorcycle. Learned counsel for the applicant submits that, as
alleged, that on the pointing out of the applicant several motorcycles were
recovered, is false and accused-applicant who is student has no concern with
the present crime. It is also contended that there is no evidence on record to
show that the accused-applicant is involved in stealing the motorcycle, as
alleged, which was recovered. It is also submitted that the offences so levelled
against the accused-applicant are triable by Magistrate. The applicant is in jail
since 13.10.2009 and has no previous criminal history, as averred in para 13
of the bail application.
Considering the overall aspects of the matter and without entering into the
merit of the case, I hereby provide that the applicant, Arvind Kumar Dixit be
released on bail in Case Crime No.Nil/2009, under Sections 41/411/413
I.P.C., P.S. Kotwali Lakhimpur, District Kheri, 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 :- 19.1.2010
Kpy