Naththu Ahirwar vs State Of U.P.
2011 Latest Caselaw 3135 ALL

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