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ABBAS ALI AND ANOTHER versus STATE OF U.P

High Court of Judicature at Allahabad

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Abbas Ali And Another v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 3439 of 2007 [2007] RD-AH 5916 (3 April 2007)

 

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

Counter affidavit filed by learned A.G.A. and supplementary affidavit filed by learned counsel for the applicant be taken on record.

Applicant Abbas Ali son of Akhtar Ali Teli and Aquil son of Abdul Majid Ansari have prayed for release on bail in case Crime No. 1463 of 2006 under Sections 457, 380, 411 IPC P.S. Gajraula, District J. P. Nagar.

According to prosecution case a theft was committed in the house of the complainant Madhav Prasad in the night of 11-12/12/2006 and ornaments and other items were stolen. After about two months, accused were arrested and stolen property was recovered from their possession including gold coins and other ornaments as mentioned in the first information report. Although accused have claimed these ornaments but there is nothing to suggest as to how they acquired them.

Considering the facts and circumstances of the case, but without prejudice to the merits of the case, applicants are not entitled to bail at this stage and their application for bail is liable to be rejected and is hereby rejected.

Learned Trial Court is directed to expedite the hearing of the case and proceed under Section 309 Cr.P.C. It is expected that the accused shall cooperate in their speedy trial. Learned Trial Court shall make every effort to conclude the trial within a period of three months from the date of receipt of this order.

Copy of this order  be certified to learned Trial Court within a week.

Dated:  3.4.2007

RKS/3439/2007


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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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