Heard learned counsel for the applicant and the learned A.G.A for the State and perused the record.
Accused applicant Lachhi Banjara is involved in case crime No.20 of 2008, under sections 395,397,412 IPC and section 3 (1) of U.P.Gangester Act P.S. Saadulla Nagar, district Balrampur.
As per prosecution case, a loot had taken place inside the house of the informant , report was lodged against some unknown persons. During investigation, two accused persons Shabbir and Hazari were apprehended by the police and certain looted articles were recovered from t heir possession. From the the inquiry of the arrested persons, name of the applicant came into light. It is said that some stolen property was also recovered from his possession and he was challaned along with other accused in the aforesaid offence.
Applicant claims his false implication due to enmity and there is no earlier criminal history. It was further argued that co accused Shabbir and Hazari etc have also been released on bail under the orders of this Court.
Learned A.G.A conceded the correctness of the fact that there is no previous criminal history of the applicant reported and co accused on almost similar facts have also been released on bail, their bail orders are available on record.
Seeing the nature of offence and considering the the respective submission of the learned counsel for the parties and the acquisition against the applicant and the fact that co accused almost on similar facts have also been released on bail, I find it a fit case for bail.
Let accused applicant involved in the above case crime number 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 :- 18.1.2010 R.P/