Over 2 lakh Indian cases. Search powered by Google!

Case Details

HAKIM SINGH versus STATE OF U.P.

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Hakim Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 12845 of 2005 [2005] RD-AH 9 (1 January 2005)

 

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

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


Copyright

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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.