Court No. - 28 Case :- BAIL No. - 5451 of 2010 Petitioner :- Lalla @ Rahisuddin Respondent :- The State Of U.P. Petitioner Counsel :- Rajiva Dubey Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Supplementary affidavit filed on behalf of the applicant today, is taken on
record.
Heard learned counsel for the applicant and learned AGA and perused the
record.
The learned counsel for the applicant submitted that according to the FIR
only gold ornaments were taken from the complainant and there is no
allegation that diamond and pearl were also taken whereas according to the
recovery memo, the applicant was found in possession of 190 alleged to be
diamond pieces and a pearl, therefore, the recovered articles do not relate to
the instant case.
There does not appear to be any reasonable ground to believe that the
applicant will tamper 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 Lalla alias Rahisuddin involved in Case Crime No. 1331 of
2009, under sections 420 and 411 IPC, P.S. Paasgawan, District Lakhimpur
Kheri 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
concerned.
Order Date :- 29.7.2010
shailesh