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RAJENDRA SINGH versus STATE OF U.P.

High Court of Judicature at Allahabad

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Rajendra Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9204 of 2007 [2007] RD-AH 8569 (7 May 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

                                                                        Court No. 36

                                                 

 Criminal Misc. Bail Application No. 9204 of 2007

Rajendra Singh  . . . .   . .   . . . . . . . .  . . . . . . . .  . . . . Applicant.

                                 Versus

State of U.P.. . . . . . . . .  .  . . . . . .  . . . . . . . . . . .  . . .Opp.Party.                                                                                                                                                                                                                                                

        ----

Hon'ble R.K. Rastogi,J.

Applicant Rajendra Singh has applied for bail in this case crime no.157 of 2006 under sections 394, 120-B and 411, I.P.C. police station Mirhachi  district Etah.

Heard learned counsel for the applicant and  the learned A.G.A. for the State.

The prosecution case starts with a F.I.R. lodged by Devendra Pal Singh at police station Mirhachi district Etah on 11.10.2006 at 2.30 P.M. It was stated there in that on that day Devendra Pal Singh, who was cashier-cum-Clerk in the District Co-Operative Bank, Etah was carrying  Rs.21 Lakhs  in a vehicle of the above Bank for distribution at Soron, Sahavar and Sidhpura  branchs of the above bank. Anar Singh, Guard  was also in the vehicle with a gun and the vehicle was being driven by Shiv Pal Singh, Driver. When the vehicle reached  near  village Kuramai one Maruti Esteem Car came from behind and  it overtook the vehicle of  the bank and stopped it and the persons sitting in that Maruti Esteem Car  got down. They hit Anar Singh by a weapon like revolver  on his head  and they snatched  his gun. Other culprits pulled down Devendra Pal Singh, Driver from the vehicle and therafter they took the entire cash alongwith vehicle of the bank and the guard . They left that vehicle and  the guard on the canal near  Nardai and took  cash and gun of the guard with them. This incident had taken place at about 1.45 P.M. and its F.I.R. was lodged  that very day at 2.30 P.M.

The applicant has alleged that he is innocent and has been falsely implicated in this case. He has also alleged that he is a retired military employee and  he has filed photostat copy of the service certificate. It has also been alleged by him  that his brother Akash was  a criminal and so he was not residing with Akash and had left  his village  and started to live at village  Preetampur. It  has also been alleged that he has got no criminal history. It may be pointed out that as per prosecution case  a sum of Rs.2,00,000/-

out of the above looted  amount of Rs.21,00,000/- was recovered  from his possession. The applicant has not denied the recovery  but his case is that  the above amount  belongs to him. His case is that his mother had  sold  a piece of land for Rs.16 Lakhs and out of that amount she had deposited some amount in the bank and a sum of Rs.2,20,000/- was  lying at his house for the marriage of his niece Seema and the police has falsely implicated  him in this case.

The learned counsel for the prosecution opposed the bail application and submitted that  it is a broad day light  incident of robbery of Rs.21 Lakhs from the vehicle of  the bank and two packets of notes of Rs.500/- denomination ( each packet containing  100 notes ) were recovered from possession of Raj Kishore and  two other packets from possession of Raju and all those four packets  of notes were  bearing the stamp of the  District Co-Operative Bank, Etah on both the sides of the packets. He submitted that  in this way it is clear that  those very notes which  were looted  in the above incident  had been partly recovered  by the police, and taking  into consideration their recovery from possession of the applicant I am of the view that bail should not be granted to him.

Without expressing any opinion on the merits of the case  but taking into consideration recovery of  the packets of currency notes which bore stamp of the District Co-Operative Bank, Etah  on both the sides, I am of the view that it is not a fit case for grant of bail.

The application is, therefore, rejected.

Dated:7.5.2007

RPP.


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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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