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Rajendra Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9204 of 2007  RD-AH 8569 (7 May 2007)
Court No. 36
Criminal Misc. Bail Application No. 9204 of 2007
Rajendra Singh . . . . . . . . . . . . . . . . . . . . . . . . . . Applicant.
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.
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