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Vikash Kumar Srivastava v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 5941 of 2006  RD-AH 10146 (23 May 2006)
CRIMINAL MISC. BAIL APPLICATION NO. 5941 OF 2006
Vikash Kumar Srivastava.............................Applicant.
State of U.P........................................Opposite Party.
Hon. Mrs. Poonam Srivastava, J.
Counter affidavit has been filed by the learned A.G.A., which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The dead body of two unknown persons were recovered and the First Information Report was registered against unknown person. Extract of G.D. dated 16.12.2005 has been annexed as annexure no. 2 to the affidavit filed in support of the bail application. Perusal of which shows that accused Lalit Gupta was taken into custody and on his pointing out, stolen goods of the truck were recovered from the factory on 16.12.2005. Counsel for the applicant has annexed certified copy of telegram as annexure no.3, which shows that the applicant was taken away from his house in the intervening night of 14/15.12.2005. Telegram was given on 15.12.2005. This substantiates that the applicant was taken into custody day before alleged recovery and he has been implicated in the instant case only on the basis of confessional statement of the co-accused. Counter affidavit has been filed but not a word has been said about the telegram as to when the applicant was taken into custody. In the circumstances, case of the present applicant stands at a different footing from that of other co-accused.
Without expressing any opinion on merit of the case, the bail application is allowed.
Let applicant Vikash Kumar Srivastava s/o Sri Krishna Mohan Srivastava be released on bail in Case Crime No. 371 of 2005, under Sections 396, 412, 201, 120-B I.P.C., Police Station Maharajpur, District Kanpur Nagar on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
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