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Shankar @ Bhola v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 18332 of 2006  RD-AH 20779 (8 December 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Shanker alias Bhola involved in case Crime No. 93 of 2005 under sections 392, 411, I.P.C., Police station Sukhpura, district Ballia.
Heard Sri I.K. Upadhyay, learned counsel for the applicant, learned AGA and have perused the record.
The learned counsel for the applicant submitted that the applicant has been acquitted in case Crimes No. 41 of 2005 under sections 394, 302, 307, I.P.C. and 282 of 2005 under section 25 Arms Act, Police station Sidhari, district Azamgarh by judgment and order dated 2.6.2006. The learned counsel submitted that recovery of country made pistol 303 bore is said to have been made from the possession of the applicant and for the said recovery case crime No. 282 of 2005 was registered. The learned counsel urged that acquittal of the applicant in case crime No. 282 of 2005 under section 25 Arms Act makes the recovery of looted motorcycle doubtful. The learned counsel argued that the applicant is either on bail or has been acquitted in the cases shown in the criminal history.
The learned AGA submitted that recovery of looted motorcycle was made from the possession of the applicant and there is criminal history of nineteen cases against him.
I have taken into consideration the submissions advanced on behalf of both the parties.
The recovery of looted motorcycle was made from the joint possession of the applicant and co-accused. The offences are triable by the Magistrate Ist class. The applicant is in jail for more than one year. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Shanker alias Bhola involved in case Crime No. 93 of 2005 under sections 392, 411, I.P.C., Police station Sukhpura, district Ballia, be released on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned and subject to under mentioned conditions :
(i) that applicant shall cooperate in the investigation and attend the trial on the date fixed;
(ii) he shall not commit an offence similar to the present offence and any other offence;
(iii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with evidence.
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