High Court of Judicature at Allahabad
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HAKIM SINGH versus STATE OF U.P.
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Hakim Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 12845 of 2005 [2005] RD-AH 9 (1 January 2005)
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Reversed
Criminal Misc. Bail Appliation No. 12845 of 2005
Hakim Singh......Versus State of U.P.
Hon'ble Ravindra Singh,J.
Heard Sri R.N. Yadav, learned counsel for the applicant and the learned A.G.A.
This application is filed by the applicant Hakim Singh with the prayer that he may be released on bail in case crime no. 151 of 2004 under sections 342,392,411,420,467,468,471 I.P.C. P.S. Shivrajpur district Kanpur Nagar.
From the perusal of the record it reveals that in the present case an F.I.R. was lodged by one Bhajan Singh with the allegation that in the night of 14.9.2004 his truck No. H.R. 58-0719 loaded with the goods of the general merchants proceeded from the border of Ghaziabad to Kanpur on 15.9.2004 at 7.30 P.M. His truck crossed Shivrajpur then one truck coming from the back side over took the truck of the applicant and blocked the way from the front side. That truck was not bearing any number. Thereafter 3 or 4 miscreants came out from that truck. The applicant and his cleaner Ram Sajiwan were caught hold by them. Their limbs and eyes were tied and from the pocket of the first informant a sum of Rs. 6,500/- were taken out by them. Thereafter, the truck of the first informant was driven by some person and brought towards Kannauj and parked in a garden near Jasoda which was on the railway line side. Any how the first informant, driver and his cleaner Ram Sajiwan untied their limbs and went to the Police station t lodge the First Information Report. The stolen truck alongwith stolen goods was recovered on 29.9.2004 by the police from the possession of the applicant and other co-accused persons. The applicant was driving the truck. The registration of the truck was changed even the chesis number was got erased.
It is contended by the learned counsel for the applicant that the applicant is not named in the F.I.R. He has not been put up for identification. The recovery is not supported by any independent witness. The applicant was not arrested as alleged by the prosecution and the applicant is in jail since 29.9.2004.
It is opposed by the learned A.G.A. by submitting that it is a matter of Highway robbery in which a loaded goods truck was robbed by the applicant and other co-accused persons. Its recovery was made from the possession of the applicant. The first informant has made attempt to collect the public witness but nobody was ready to become the witness.The applicant was driving the stolen truck. He was having knowledge that the recovered truck was stolen and it was loaded with stolen goods.
It is further contended that the number of the truck was changed even the chesis number of the truck was erased therefore the applicant is not entitled for bail.
Considering the facts and circumstances of the case and gravity of the offence and without expressing any opinion about the merits of the case, the applicant is not entitled for bail. Therefore, the prayer for bail is refused.
Accordingly this application is rejected.
Dt.27. 9.2005
NA
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