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ANWAR versus STATE OF U.P.

High Court of Judicature at Allahabad

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Anwar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 1584 of 2006 [2006] RD-AH 2573 (2 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

Heard Sri J. K. N. Mishra, learned counsel for the accused applicant, learned A.G.A. and perused the record.

Accused Anwar son of Mustafa Darji has prayed for release on bail in case Crime No. 384 of 2003 under Sections 395, 397 and 412 IPC, P.S. Thakur Dwara, District Moradabad.

Prosecution case is that dacoity was committed in the house of the informant Mukesh Kumar Verma on 31.10.2003 and report was lodged same day by him. In the F.I.R. however no accused has been named but it has been specified that badmash took the gaddi of Rs. 1,20,000/- bearing the stamp of applicant's firm. Besides these currency note badmash also looted jewellery, details of which have been given in the F.I.R. Subsequently, accused was arrested and Rs. 20,000/- in cash and 24 pair of payals, 5 pair of golden payzebs, 4 tups and 10 golden bangle were recovered from his possession.

Learned counsel for the applicant has contended that the applicant has been falsely implicated and that he had come to meet his relations in Moradabad, however, no details of the relations have been given in the affidavit.

Learned counsel for the applicant has further contended that accused has not been put up for test identification and the recovery has been jointly made but the charge sheet shows that recovery was made from other co accused and this accused separately.

Considering the facts and circumstances of the case, accused is not entitled to bail and his application is liable to be rejected and is hereby rejected.

Dated:2.1.2006

RKS/1584/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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