Heard learned counsel for the applicant and the learned A.G.A. The learned counsel for the applicant submits that one knife and 25 gram smack is shown to have been recovered from the possession of the applicant during arrest, whereas the prosecution case is that complainant informed the police that one bag containing one towel, one election card and one pan card of his friend and Rs. 20,000/- cash- had been snatched away by three persons. He further submits that time of incident has been shown as 11.30 A.M. in the arrest memo, whereas First Information Report is shown to have been lodged the same day at 12.55 a.m. This, prima facie, shows that the prosecution story is doubtful. The applicant is in jail since 13.2.2010.
Considering the facts and circumstances of the case I am of the view that it is a fit case of bail.
Let applicant Mahesh Dutt Joshi be released on bail in case crime no. 88 of 2010 under section 392,411 IPC, P.S. Mariyawn, District Lucknow on his furnishing personal bond and two sureties each in the like amount to the satisfaction of the concerned/remand Magistrate.
Order Date :- 17.6.2010 Amit