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Mulla Momin Alias Sardari v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 23414 of 2005 [2006] RD-AH 21478 (20 December 2006)


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Court No. 19

Crl. Misc. Bail Application No.23414 of 2005

Mulla Momin @ Sardari .....Vs.....State of U.P.


Hon'ble Alok Kumar Singh, J.

Heard learned counsel for the applicant and learned A.G.A. and also perused the material on record.

The applicant Mulla Momin @ Sardari is involved in case crime No. 141 of 2005, for the offence under Section 413, I.P.C., Police Station G.R.P., district Ghaziabad.

It is alleged that while case Crime No. 133 of 2005 under Section 379/411 I.P.C.  was being investigated, the applicant and another co-accused  person made a confessional statement before  the Investigating Officer  that they have looted so many attachies from the trains and thereafter  at their pointing out 10 attachies and some clothes were recovered from the house of the applicant.

As against the genuineness of the prosecution case and proposed  supporting evidence, it is argued that the main case against the accused was that of recovery  of  some narcotic material  and a cash of Rs. 30,000/-. In the case under  N.D.P.S. Act Crime No. 328 of 2005 as also  in case Crime No. 135 of 2005 under Section 379/411 I.P.C. pertaining to the alleged recovery of Rs. 30,000/- he has already been enlarged on bail by this Court  (annexure-3). It is pointed out that in the same sequence  this case  was also prepared by the police which is  comparatively of a minor nature in comparison to the case of alleged recovery of Rs. 30,000/-.

The bail is, however, opposed by the learned A.G.A.

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court  regarding  proposed evidence and genuineness of the prosecution  case were duly considered.

 In view of the entire facts and circumstances of the case, taking into  consideration some of the arguments, advanced on behalf of the applicant in respect of the points discussed herein above, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.  

 Dt. 20.12.2005.



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