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Driaver Raj Kumar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 23865 of 2005 [2006] RD-AH 9488 (15 May 2006)


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Court No. 30

Criminal Misc. Bail Application No. 23865 of 2005

Driver Raj Kumar                 Vs.         State of U.P.

Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicant Driver Raj Kumar  indicted in case crime No. 399 of 2004 under sections 407, 411, 468, 471, 419, 420 I.P.C  P.S. Rath District Hamirpur.

Heard Shri Vijay Bahadur Shivhare, learned counsel for the applicant, learned A.G.A.  and have perused the record.

According to the contents of First Information Report 151 gunny bags of Urad loaded in the truck no. H.R. 38/2- 5797 were entrusted to the applicant and co-accused Krishna Kumar for delivery to Sri Saraswati Traders Ghaziabad. The applicant did not reach the said firm upto 14.10.2004. The informant along with  employees of  Bhawani Transport Company made search for the applicant. On 28.10.2004 at about 9 O'clock the applicant was seen standing in front of Samarat Cinema Hall situated at Sikandrabad. The applicant was overpowered by the complainant and his companions and brought to the police station. In pursuance of the disclosure  statement of the applicant the recovery of 51 gunny bags of stolen Urad was made.

Learned counsel for the applicant submitted that no offence under sections 468, 471 and 419 I.P.C. is made out against him. The learned counsel urged that the complainant had purchased Urad from the farmers and the farmers having insisted for payment the complainant lodged a false First Information Report to save his skin. Learned counsel pointed out that gate pass prepared by Mandi Sachiv on 27.10.2004 belies the prosecution case.

Learned A.G.A. submitted that the applicant is involved in the commission of theft and misappropriation of gunny bag of Urad entrusted to him for transportation.

I have taken into consideration the arguments advanced on behalf of both the parties.

The allegation made in the First Information Report taken at their face value do not make out a prima facie offence under sections 419 468 and 471 I.P.C. The applicant is in jail for the last about two and a half years. The offence is triable by Magistrate Ist class. In view of these facts, I consider it to be a fit case for bail.  

Let the applicant Driver Raj Kumar    indicted in case crime No. 399 of 2004 under sections 407, 411, 468, 471, 419, 420 I.P.C  P.S. Rath District Hamirpur, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.




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