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Ahsan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 16778 of 2006 [2006] RD-AH 13713 (19 August 2006)


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Hon'ble Mukteshwar Prasad, J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the FIR, statement of the informant recorded under Section 161 Cr.P.C. and copy of Fard recovery also.

According to prosecution, a theft took place in the office of first informant in the night intervening 17/18th June, 2006. When the office was opened on 18.6.2006, it was found that Rs.70, 000/- cash were missing from the cash box. The informant disclosed to the I.O. in details of the currency notes, which were taken away by the thieves. He, however, did not disclose to the I.O. that a bunch of keys was also taken away. It is further urged that all the locks of the office were found in tact and no lock was found broken. It is further contended that recovery of Rs.15, 000/- cash from the possession of the applicant does not indicate his complicity in the theft. There is no mark of identification on the currency notes recovered from possession of the applicant.

On the other hand, learned A.G.A. has submitted that the informant disclosed to the I.O. that a bunch of keys was also taken away which was recovered from the possession of Pankaj ex-servant of the first informant. The informant is said to have identified the currency notes on the spot.

Taking into consideration the arguments advanced on behalf of the parties and all facts and circumstances of the case, I find it appropriate to enlarge the applicant on bail.

Let the applicant-Ahsan be enlarged on bail on his executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of C.J.M., Muzaffar Nagar in Case Crime No. 660 of 2006, under Sections 380 and 411 I.P.C., Police Station Civil Lines, District Muzaffar Nagar.




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