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Mukesh Awasthi v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 10188 of 2006 [2006] RD-AH 10200 (24 May 2006)


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Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicant Mukesh Awasthi   indicted in case crime No. 31  of  2006  under sections 457, 380, 411  I.P.C. P.S. Rail Bazar  District Kanpur Nagar.

Heard Shri S.T.M. Rizvi, learned counsel for the applicant, learned A.G.A.  and have perused the record.

The learned counsel for the applicant submitted that the applicant is a driver of loader in which the goods were loaded by two accused seated behind who managed to escape. The learned counsel submitted that the applicant had no knowledge that the goods were stolen property.

The learned A.G.A. submitted that recovery of 16 rolls of synthetic cloths was made from the loader which was being driven by the applicant, soon after the occurrence.

I have taken into consideration the submissions advanced on behalf of both the parties.

All the offences are triable by the Magistrate Ist class. The applicant is in jail for the last more than two months. The applicant is a driver of the loader from which the recovery of stolen property was made. In view of these facts, I consider it to be a fit case for bail.  

Let the applicant Mukesh Awasthi   indicted in case crime No. 31  of  2006  under sections 457, 380, 411  I.P.C. P.S. Rail Bazar  District Kanpur Nagar, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.




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