Naheed Ara Moonis,J. - (1.) HEARD , the learned Counsel for the applicants the learned AGA for the State and perused the record.
(2.) THE present bail application has been moved by the applicants Smt. Anita Devi, Smt. Neha and Smt. Reena in case crime No. 372 of 2010, under Sections , and IPC, P.S. Lanka, district Varanasi with a prayer that they may be admitted to bail. A first information report was registered on 19.8.2010 at 8.50 A.M. that in the night of about 2 P.M. some unknown persons entered into the house of the complainant and lifted out two suitcase containing valuable ornaments and clothes. The applicants were arrested on the very next day. The alleged stolen suitcase were recovered from their possession. It is submitted by the learned Counsel for the applicants that the applicants have been falsely implicated in this case. No identification with regard to the alleged stolen suitcase was done. At the time of recovery paltry sum and some articles were recovered, which falsifies the prosecution case. The applicants are petty labourers who are residing near the railway station. It has further been contended hat that there was no independent witness of the alleged recovery. On the other hand learned A.G.A. has opposed the bail application by contending that the applicants are Banjara by caste have no permanent resident and there are chance of absconding, in case they are enlarged on bail they will misuse the liberty bail. The applicants are in jail since 19.8.2010.
(3.) CONSIDERING the facts and circumstances of the case and submission made by the learned Counsel for the applicants and without expressing any opinion of the merits of the case, the applicants are entitled to be released on bail.;