Allahabad High Court High Court

Jainuddin vs State Of U.P. on 22 June, 2010

Allahabad High Court
Jainuddin vs State Of U.P. on 22 June, 2010
                                                                     Court No. 20

                     Criminal Misc. Case No. 4587 (B) of 2010

    Jainuddin                    ....Versus.....                  State of U.P.

Hon'ble Raj Mani Chauhan, J.

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

The accused-applicant Jainuddin is involved and detained in Case
Crime No. 745 of 2010, under Sections 379, 411, 467, 468, 471 I.P.C., from
Police Station Kotwali Sadar, District Lakhimpur Kheri and he has applied for
bail.

The submission of the learned counsel for the accused applicant is that
two stolen motorcycles are said to have been recovered from the possession of
the accused applicant but the Investigating Officer could not trace out the
owners of the said motorcycles during the investigation. The Investigating
Officer has filed charge sheet under Section 41/411 I.P.C. against the accused
applicant. Unless the owners of so called recovered motorcycles from the
possession of the accused applicant are not traced out, no offence under Section
411 I.P.C. is made out. Therefore, the accused applicant deserves to be released
on bail.

Learned A.G.A. opposed the bail application of the accused applicant.

Considered the submissions of the learned counsel for the accused
applicant and the learned A.G.A.

Keeping in view the totality of the facts and circumstances of the case,
without expressing any opinion on the merit of the case, the accused applicant
may be released on bail.

Let applicant Jainuddin be released on bail in the 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.

22.06.2010
Sanjay/-