This bail application has been moved on behalf of Girdhari @ Ramakant who is involved in Case Crime No. 1221 of 2008, under Sections 395, 397, 364 and 412 I.P.C., Police Station Mill Area, district Raibareilly. An F.I.R. Case Crime No. 1221 of 2008 was lodged with the police of Police Station Mill Area, district Raibareilly on 25.11.2008 in which the cleaner of a truck alleged that he alongwith the driver was going by his truck from Bachhranwa to Gauriganj. On their way they met 5 persons who signaled them to stop the truck and when the truck was stopped by the driver, they requested for a lift as they had to go to Gauriganj. They were allowed to board the truck and when the truck moved ahead, all the 5 persons pulled out firearms and after threatening him overpowered the driver. The cleaner of the truck, however, managed to jump off the truck and he ran to the police station and lodged the F.I.R. The incident of the alleged dacoity was flashed on radio-transmission sets in the entire district. An alert police force of some other police station managed to intercept the said truck and it was forced to halt and after exchange of fire, the applicant alongwith 4 other persons was nabbed by the police. Another F.I.R. under Section 307 I.P.C. and 25 Arms Act was registered at the same police station for the second incident to which this bail application has no concern.
I have heard learned counsel for the applicant as well as learned A.G.A. and perused the materials on record.
It has been submitted from the side of the applicant that the applicant is in jail since 26.11.2008, that the entire story of the police is only a cock and bull story, that no incident of this kind has ever taken place. It has been further submitted that on 18.11.2008, the father of the applicant sent a telegram to the Superintendent of Police, Raebareilly mentioning therein that the applicant was picked up from his residential house and author of the telegram expressed his fear that the applicant may be falsely implicated in some case. In the above set of circumstances, the bail prayer has been pressed. The bail application has been opposed by learned A.G.A. I have examined all the materials available on record with caution. I have also examined the telegram sent by father of the applicant on 18.11.2008 to Superintendent of Police, Raebareilly. The genuineness of this telegram has not been challenged.
Considering all the aspects of the case and without expressing any opinion as to the merits of the case, I am of the view that the applicant should be released on bail.
Let the applicant, Girdhari @ Ramakant involved in Case Crime No. 1221 of 2008, under Sections 395, 397, 364 and 412 I.P.C., Police Station Mill Area, district Raibareilly, 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.
Order Date :- 22.1.2010 S.B.