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 Baba Deen is involved and detained in Case Crime No. 514 of 2009, under Sections 489 Kha, 489 Ga, 419, 420 I.P.C. & Section 2/3 of U.P. Gangster Act, from Police Station Rampur Mathura, District Sitapur and he has applied for bail.
The submission of the learned counsel for the accused applicant is that the accused applicant and co-accused Pramod Kumar were travelling on motorcycle. While they were on the way, they were intercepted and arrested by the police. The police thereafter searched them. The co-accused Pramod Kumar who was pillion rider, had been found in possession of a bag containing Rs. 1,80,000/- fake currency notes. Learned counsel for the accused applicant submits that no fake currency notes were recovered from the possession of the accused applicant. The fake currency notes had been recovered from the possession of co-accused Pramod Kumar who was pillion rider. In this way there is no evidence against the accused applicant in support of the offence under Sections 489 Kha, 489 Ga, 419, 420 I.P.C. The accused applicant is in jail since 16.8.2009. Therefore, he deserves to be released on bail.
Learned A.G.A. opposed the bail application.
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 Baba Deen 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.
28.06.2010 Sanjay/-