High Court of Judicature at Allahabad
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Raju v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 22840 of 2006  RD-AH 18654 (3 November 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Raju involved in case Crime No. 156 of 2006, under sections 379, 411, I.P.C. and section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police station Aurangabad, district Bulandshahar.
Heard Sri V.S. Rajpoot, learned counsel for the applicant, learned AGA and have perused the record.
The learned counsel for the applicant submitted that recovery of stolen motorcycle was made from the joint possession of the applicant and two co-accused. The learned counsel argued that there is no criminal history of the applicant. According to the learned counsel there are no public witnesses to the recovery.
The learned AGA submitted that the applicant was captured at the spot and recovery of stolen motorcycle was made from his possession whereas others managed their escape.
I have taken into consideration the submissions advanced on behalf of both the parties.
The offences are triable by the Magistrate Ist class. There is no criminal history of the applicant. The applicant is in jail for the last two months. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Raju involved in case Crime No. 156 of 2006, under sections 379, 411, I.P.C. and section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police station Aurangabad, district Bulandshahar, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned and an undertaking that he will not misuse the liberty of bail by indulging in the commission of crime or anti social activities after being released on bail.
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