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 Baughat, P.S. Thakurganj, District Lucknow is involved and detained in case crime no. 193 of 2008 under Sections 356/379/411 IPC, from P.S. Talkatora, District Lucknow and he has applied for bail.
The submission of learned counsel for the applicant is that one H.G. Sahai, R/o B-94, Rajajipuram, Lucknow on 28.4.2008 lodged a written report at P.S. Talkatora that with the allegation that on 27.4.2008 he was returning back his home from Block-C on his scooter while he was on his way two youngsters came from behind on motorcycle and they snatch the golden chain of his wife who was sitting behind on his scooter. The police of P.S. Talkatora on the basis of written report of complainant registered a case under Sections 356/379 IPC against the unknown accused. The accused is said to have been arrested by the police of P.S. Bazar Khala on 30.6.2009 along with two others while the arrest shown by the police is totally maneuvered. In fact the police had picked up the accused applicant from his residence in the night of 28/29.6.2009. Lalau the brother of the accused had 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 dated 29.6.2009. It is alleged that the golden chain was got recovered from the house of the accused. In fact, no golden chain was recovered from the house of the accused. He has falsely been implicated by the police. Learned counsel further submits that the brother of the accused moved an application before the Judicial Magistrate, Second, Lucknow about picking up his brother from his house in the night of 28/29.6.2010. The learned Magistrate, Lucknow was pleased to order the S.O., P.S. Talkatora to appear before the Court and explain as to why legal action be not initiated against him. Thereafter, the police has falsely challaned the accused in this case. The accused, therefore, deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considered the submission 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 without expressing any opinion on the merit of the case the accused may be released on bail.
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 :- 23.6.2010 Santosh/-