Allahabad High Court
Dilbagh Singh vs State Of U.P. on 26 July, 2010
Court No. - 28 Case :- BAIL No. - 3464 of 2010 Petitioner :- Dilbagh Singh Respondent :- State Of U.P. Petitioner Counsel :- Afaq Zaki Khan Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant and the learned AGA and perused the record.
The learned counsel for the applicant submitted that no doubt according to the prosecution the applicant was found in possession of Rs. 36,000/- but there is no mark of identification to connect the recovered currency notes with the instant crime. It was further submitted that the mobile phone set also does not relate to the instant case because IEMI number does not tally. The applicant has been falsely implicated due to enmity. There does not appear to be any reasonable ground to believe that the applicant will temper with the witnesses or abscond, if released on bail. Keeping in view the nature of the offence, evidence, complicity of the accused, the severity of the punishment and submissions of the learned counsel for the applicant and the learned AGA, I am of the view that the applicant has made out a case for bail.
Let the applicant Dilbagh Singh involved in case crime No. 2282 of 2009 under sections 394 and 411 IPC, P.S. Kotwali Lakhimpur, District Kheri be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Kheri.
Order Date :- 26.7.2010 MTA