MAHMOOD versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Mahmood v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 18224 of 2006 [2006] RD-AH 14978 (31 August 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

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

This is an  application for bail moved on behalf of the applicant Mahmood   indicted in case crime No. 387  of 2006  under sections 382, 411  I.P.C. P.S. Hata  District Kushinagar .

Heard Shri Tariq Maqbool Khan, learned counsel for the applicant, learned A.G.A.  and have perused the record.

The learned counsel for the applicant submitted that no recovery of looted articles was made from the possession of the applicant. The learned counsel submitted that co-accused Mukul Pandey has been granted bail by an order dated 23.8.2006 passed by learned Sessions Judge. The learned counsel contended that case of the applicant is distinguishable from the co-accused Sagir alias Mugle Azam from whom  the recovery of looted bag containing bus ticket, bill and cash was made.

The learned A.G.A. argued that applicant was arrested alongwith co-accused by the public and police.

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

The case of the applicant is distinguishable from the co-accused Sagir alias Mugle Azam from whom  the recovery of looted bag containing bus ticket, bill and cash was made. No recovery was made from the possession of the applicant In view of these facts, I consider it to be a fit case for bail.  

Let the applicant Mahmood   indicted in case crime No. 387  of 2006  under sections 382, 411  I.P.C. P.S. Hata  District Kushinagar, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/18224/06

31.8.2006

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