Heard learned counsel for the applicant, the learned Additional Government Advocate and perused the F.I.R. and other relevant papers on the record.
The submission of the learned counsel for the applicant is that F.I.R. in the present case was lodged against unknown persons on 28.12.2009. Learned counsel for the applicant submits that on 31.12.2009, the accused-applicant was apprehended by the police along with co-accused Krishna Kumar Yadav. It is further submitted that, as alleged, the motor cycle, on which the accused- applicant was sitting behind co-accused Krishna Kr. Yadav, was a stolen motor cycle and was connected with the present case. It is further submitted that the applicant is innocent and has no concern with the present case. It is also submitted that the recovery, as alleged, is fake and concocted. Learned counsel further submits that the allegations so levelled against the accused-applicant are triable by Magistrate. The applicant is in jail since 31.12.2009, as averred in para 11 of the application and has no criminal history, as averred in para 10 of the application.
Considering the facts and circumstance of the case, I direct that the applicant be released on bail in case Crime No.488/2009 u/s 379/411/419/420/467/468/471 I.P.C. P.S.Kotwali Kunda District Pratapgarh on his filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned/remand Magistrate.
Order Date :- 4.2.2010 kvg/-