High Court of Judicature at Allahabad
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Kaviraj v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 17849 of 2006  RD-AH 19475 (17 November 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Kaviraj involved in case Crime No. 800 of 2006 under sections 379, 411, 420, 467, 468, I.P.C., Police station Majhola, district Moradabad.
Heard Sri Madan Singh, learned counsel for the applicant, learned AGA and have perused the record.
The learned counsel for the applicant submitted that recovery of stolen vehicle was made from the joint possession of the applicant and co-accused who managed their escape. The learned counsel urged that there is no criminal history of the applicant and he is in jail for the last about five months.
The learned AGA argued that recovery of stolen vehicle with tampered number at plate was made from the possession of the applicant who was arrested at the spot.
I have taken into consideration the submissions advanced on behalf of both the parties.
The offences are triable by the Magistrate Ist class. The applicant is in jail for the last about five months. There are no independent witnesses to the recovery. In view of these facts, I consider it to b e a fit case for bail.
Let the applicant Kaviraj involved in case Crime No. 800 of 2006 under sections 379, 411, 420, 467, 468, I.P.C., Police station Majhola, district Moradabad, 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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