Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The accused Raj Kumar @ Bhanu Lodh, S/o Late Ram Deen, R/o near Gaughat Square, Mohalla Gaughat, P.S. Thakurganj, District Lucknow is involved and detained in case crime no. 108 of 2009 under Sections 356/379/411, from P.s. Talkatora, District Lucknow and he has applied for bail.
The submission of learned counsel for the applicant is that as per prosecution case as many as three accused namely Sanu, Irfan and Raj Kumar @ Bhanu Lodh (accused applicant) were arrested by the police. On search accused was found having three stolen golden chain while other accuser were said to have been found having two stolen golden chain each. Learned counsel submits that the accused has been challaned in three separate cases on the basis of his confessional statement. In fact, the accused was picked up by the police from his residence in the night of 28/29.6.2009. The brother of the accused has informed this fact to the Hon'ble Senior Judge, High Court of Judicature at Allahabad, Lucknow Bench, Lucknow, the Senior Superintendent of Police, Lucknow and the Director General of Police, Government of U.P., Lucknow through telegram on 29.6.2009. The story of arrest and recovery of the golden chain as shown by the prosecution is totally false. Keeping in view of this fact the accused applicant has already been ordered to be released on bail vide order dated 23.6.2010 passed by this Court in Cr. Misc. Case No. 4614 (B) of 2010 relating to another theft. The accused applicant, therefore, also deserves to be released on bail in this case too.
Learned A.G.A. opposed the bail application.
Considered the submissions of learned counsel for the applicant and learned A.G.A. for the State. Keeping in view the totality of the facts and circumstances of the case as well as the fact that the accused applicant has already been ordered to be released on bail in another case i.e. crime no. 193 of 2008, therefore, without expressing any opinion on the merit of the case, the accused may be released on bail in this case too.
Let the applicant Raj Kumar @ Bhanu Lodh be released on bail in the aforesaid case crime number on his furnishing a personal bond of two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.6.2010 Santosh/-