Heard learned counsel for the applicant, learned A.G.A. and perused the F.I.R. and other relevant papers filed in support of the bail application.
The submission of learned counsel for the applicant is that, as alleged, the occurrence has taken place on 5.10.2009 at time unknown and the report of the same was lodged on 8.10.2009 at 14:15 hours. The accused-applicant has been named in the F.I.R. There is an inordinate delay of three days in lodging the F.I.R. and no explanation with regard to the same has come up in the prosecution version. It is also the case of the prosecution that certain articles which belonged to the shop of the complainant were recovered from the possession of the accused-applicant. It is contended by learned counsel for the applicant that the recovery, as alleged, is fake and the applicant is innocent and has falsely been implicated in the present case. The offences levelled against the accused-applicant are triable by Magistrate. The applicant is in jail since October, 2009 and has no previous criminal history, as averred in para 13 of the bail application.
Considering the overall aspects of the matter and without entering into the merit of the case, I hereby provide that the applicant, Siraj alias Wakil be released on bail in Case Crime No.1044/2009, under Sections 457, 380, 411 I.P.C., P.S. Rudauli, District Faizabad, on his filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned/remand magistrate.
Order Date :- 6.1.2010 Kpy