HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19289 of 2011 Petitioner :- Naththu Ahirwar Respondent :- State Of U.P. Petitioner Counsel :- S.N. Gupta Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Connect with Cr. Misc. Bail Application Nos.19292 of 2011, 19290 of 2011 and 19291 of 2011.
Learned counsel for the applicant contended that on 22.5.2011, the alleged recovery of a motorcycle was shown from the applicant and co-accused. Thereafter on pointing out of the applicant and other co-accused recovery of motorcycles was shown from the house of the applicant and other co-accused. One motor cycle was connected with the present case. It appears that police got the FIR registered after showing recovery from the applicant. The alleged incident is dated 25.9.2010. The alleged FIR was lodged on 20.5.2011.
From perusal of the record, it appears that information was given to the court of Chief Judicial Magistrate on 26.5.2011, hence, it shows that the police officer concerned has manipulated the record and on the back date, he got the FIR in the present case as well as in connected cases.
Put up along with connected applications on 2.8.2011 after lunch. On that date I.O. and Station Officer Incharge, Police Station Kotwlai District Lalitpur shall appear in person along with case diary. He will also inform the court when the information/report was sent to the Chief Judicial Magistrate concerned after lodging of the FIR regarding the theft and loot of the alleged motorcycle in which the applicant was implicated.
Copy of this order be given to Sri Mewa Lal Shukla and Sri Jitendra Singh, the learned AGAs for follow up action.
Order Date :- 27.7.2011 Gss