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Allahabad High Court · body

2010 DIGILAW 149 (ALL)

Ram Nath Yadav v. State of U. P.

2010-01-12

RAJ MANI CHAUHAN

body2010
Hon'ble Raj Mani Chauhan,J. 1. Learned counsel for the accused applicant files rejoinder affidavit, which is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The accused-applicant Ram Nath Yadav is involved and detained in Case Crime No. 800 of 2008, under Sections 396, 412, 120-B I.P.C., from Police Station Thakurganj, District Lucknow and he has applied for bail. The submission of learned counsel for the accused applicant is that on the written report of the complainant Om Prakash Agarwal (Khun Khun Ji), resident of Kala Kothi, Durga Bhawan, Police Station Thakurganj, District Lucknow, the police of Police Station Thakurganj, registered a case under Section 395, 397 I.P.C. against the unknown accused for investigation. The injured Usha Rani Agarwal, the wife of the complainant who is said to have sustained injuries during the loot, later on, succumbed to her injuries therefore, the case was converted under Section 396 I.P.C. Learned counsel for the accused applicant contends that as per prosecution case, the present accused applicant along with other three accused was arrested by the Investigating Officer on 14.11.2008. The accused applicant was put for identification by the Investigating Officer. No witnesses identified the accused applicant; rather complainant told that the present accused applicant was master mind behind the episode and had conspiracy along with other accused to commit the loot at his house. Learned counsel further contends that in fact the accused applicant was not arrested by the police. No looted property had been recovered from his possession; rather he was picked up by the police on 9.11.2008 from his residence. The nephew of the accused applicant had informed this fact on the same day to the Superintendent of Police, Lucknow, Director General of Police, U.P. and the Chief Minister of the U.P. Government through telegram. The police of Police Station Thakurganj, Lucknow thereafter finding no way has falsely implicated the accused applicant showing false recovery of the looted articles along with other co-accused. Therefore, accused applicant deserves to be released on bail. 4. Learned A.G.A. opposed the bail application. 5. Considering the submissions of the learned counsel for the accused applicant and learned A.G.A. as well as 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. 4. Learned A.G.A. opposed the bail application. 5. Considering the submissions of the learned counsel for the accused applicant and learned A.G.A. as well as 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. 6. Let applicant Ram Nath Yadav 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.