Heard learned counsel for the applicant and the learned A.G.A.
It is contended by learned counsel for the applicant that in the present case the FIR has been lodged by a Jeweller alleging therein that three unknown persons shown the ornaments by claiming it to be genuine. The amount of Rs. 12,208/- paid to them. The applicant is not named in the FIR. The person who shown his identity is Km. Rukmani has not been arrested. It is alleged that in the next day of the alleged incident the applicant and other co-accused persons were arrested and from their possession some other ornaments has been recovered. It is said that at the time of the arrest the applicant was identified by the first informant and the applicant was not put up for identification. The applicant is not having any criminal antecedent. The applicant is in jail since 29.01.2012.
In view of the facts, circumstances of the case, submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Sanjay Awasthi involved in case crime no. 22 of 2012 under Sections 420, 467, 411 I.P.C., P.S. Tal Katora, District Lucknow be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned with the conditions:
1.that he will not temper with the evidence and
2.he shall report to the court of C.J.M. concerned in the first week of each month to show his good conduct and behaviour till conclusion of the trial.
Order Date :- 14.5.2012 RPD