Moharram vs State Of U.P.
2013 Latest Caselaw 2432 ALL

Citation : 2013 Latest Caselaw 2432 ALL
Judgement Date : 20 May, 2013

Allahabad High Court

Moharram vs State Of U.P. on 20 May, 2013

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 389 of 2013
 

 
Petitioner :- Moharram
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Manoj Gupta,Ajay Kumar Singh
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record.

It is contended by learned counsel for the applicant that the applicant is not named in the FIR, it has been lodged on 16.9.2009 at 6.20 P.M. in respect of the incident allegedly occurred on 10/11.9.2009. It is alleged that the stolen revolver has been recovered from the possession on 26.4.2012. The recovery is not supported by any independent witness. The FIR under section 3/25 Arms Act in case crime No. 265 of 2012, P.S. Nighasan, District Kheri was lodged against the applicant in which he has been released on bail by the Incharge District Judge, Lakhimpur Kheri on 19.5.2012. The applicant is not having criminal antecedent. He is in jail since 27.4.2012.

In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Moharram involved in case crime No. 374 of 2009 under sections 380, 457, 411 I.P.C., P.S. Singahi, District Lakhimpur kheri be released on bail on his furnishing personal bond and two heavy sureties to the satisfaction of the court concerned with the followings conditions:

*That the applicant shall not tamper with the evidence.

**That he shall report to the court of C.J.M. concerned in the first week of the each month to show his good conduct and behaviour till the conclusion of the trial.

In case of default in any of the above mentioned conditions, the bail granted to the applicant shall be deemed cancelled and he shall be taken into custody forthwith.

Order Date :- 20.5.2013

RPD