R.K.Rastogi, J. - (1.) This is an application for release of amount of Rs.4 lacs in favour of the applicant which has been forfeited by the learned Addl. Sessions Judge, F.T. Court No. 7, Fatehpur in Sessions Trial 351 of 1998, State Vs. Raghuraj Pal and others vide his judgment dated 28.8.04.
(2.) The facts relevant for disposal of this application are that on 9.2.1998 at 2.20 P.M. a first information report was lodged by Babu Lal, Cashier, District Co-operative Bank, Bahuwa at police station Ghazipur district Fatehpur with this allegation that on the aforesaid date he himself and one Lakshmi Niwas Pandey, Rakshak of the above bank had withdrawn a sum of Rs. 4 lacs from Allahabad Bank and were carrying the money kept in an attache to the District Co-operative Bank, Bahuwa. When they reached near Shah Ke Bare Pul two culprits fired at them and snatched that attache in which the cash was kept. The fires done by them caused injuries to Babu Lal and Lakshmi Bilas Pandey during the course of commission of the robbery. On the basis of the above report the police registered a case under section 394 I.P.C. It is alleged that on 14.2.1998 the police arrested accused Raghuraj Pal, Ranjeet Kumar, Raj Kumar Maurya, Ravindra Kumar, Rajendra Prasad and Raj Bahadur and looted cash of Rs.4 lacs was recovered. Thereafter a charge sheet was submitted against the accused persons. They were charged under sections 395, 397 and 412 I.P.C. Accused Raghuraj Pal was also charged under section 25 Arms Act as a fire arm was allegedly recovered from his possession at the time of his arrest.
(3.) It appears from perusal of the judgment in the above trial ( S.T.No. 351 and 352 of 1998) that all the above accused persons were acquitted for want of evidence. The accused had denied the story of the recovery of the amount from them and since the accused were being acquitted of the charges, the learned Addl. Sessions Judge passed an order for forfeiture of the amount of Rs.4 lac in favour of the State Government. It is against the above order of forfeiture of the amount that the present application has been filed under section 482 Cr.P.C. by the District Co-operative Bank Ltd. Fatehpur. I have heard learned counsel for the applicant and the learned A.G.A. for the State.;