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2013 DIGILAW 2363 (ALL)

Ram Kishor @ Laddu v. State of U. P.

2013-09-20

VIJAY PRAKASH PATHAK

body2013
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. This bail application has been moved on behalf of the applicant, Ram Kishore @ Laddu, who is involved in Case Crime No.294 of 2013, under Sections 379, 411, 413, 419, 420, 467, 468, 471 of IPC, P.S. Soraon, District Allahabad. 3. Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that the applicant is not named in the FIR lodged on 25.06.2013 by the informant about stealing away his Bolero vehicle on 22.06.2013. It is further contended that the said Bolero vehicle is alleged to have been recovered on 27.06.2013 by the police while it was being driven by co-accused Pawan Agrahari @ Gandhi and the applicant was sitting at the middle seat in the said vehicle. It is submitted that the applicant was a passenger and was travelling in the said vehicle from Pratapgarh to Allahabad having no concern with the said vehicle. It is further contended that no proper procedure of search and recovery has been adopted by the police and there is no independent/public witness of the said recovery. It is lastly contended that the applicant has no other criminal history and is in jail since 27.06.2013. 4. Learned A.G.A. opposed the prayer for bail. 5. Considering the entire facts and circumstances of the case, the allegations in the FIR and all other materials available on record, the applicant may be released on bail. 6. Let the applicant, Ram Kishore @ Laddu, who is involved in Case Crime No.294 of 2013, under Sections 379, 411, 413, 419, 420, 467, 468, 471 of IPC, P.S. Soraon, District Allahabad, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned on the following conditions: 1. The applicant will not tamper with the evidence during course of trial. 2. The applicant will not pressurise/intimidate the prosecution witnesses. 3. The applicant will appear before the trial court on the date fixed. 7. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail. _______________