Ravindra Singh - (1.) -This application has been filed by the applicant Hani alias Hanuman with a prayer that he may be released on bail in Case Crime No. 43 of 2008 under Sections 109 and 411, I.P.C., P. S. Chhata, District Mathura.
(2.) THE facts in brief of this case are that the F.I.R. of this case has been lodged by Man Singh Sony on 14.2.2008 at 3.30 p.m. in respect of the incident which had occurred on 13.2.2008 at about 6.30 p.m. It is contended by learned counsel for the applicant that the first informant was a goldsmith, he was returning from Mathura on a motorcycle on 13.2.2008 having the ornaments at about 6.30 p.m. 3 unknown miscreants caught hold the first informant at the pistol point and snatched away the ornaments, mobile, laptop computer rider and Rs. 20,000 they also took away the motorcycle of the first informant. The applicant was arrested by the police on 13.4.2008 at about 5.30 p.m. and from his possession the stolen ornaments of this incident which were kept in one bag and some other stolen ornaments of some other incident having the weight of about 10 kg. and a mobile set have been recovered from the possession of the applicant. The applicant applied for bail before learned Special Judge, Mathura who rejected the same on 28.5.2008. Heard Sri Rahul Chaturvedi, learned counsel for the applicant, learned A.G.A. for the State of U. P. and Sri B. P. Verma, learned counsel for the complainant.
(3.) IT is contended by learned counsel for the applicant that even according to the prosecution version the applicant has not committed the offence of theft it has been committed by some other persons. The only allegation against them is that the co-accused persons namely Montu Bangali and Mannoo alias Manvendra Singh have confessed before the Police that they have handed over the stolen ornaments to the applicant for the purpose of sale, at the most the offence under Section 411, I.P.C. is made out against the applicants. The recovery is not supported by any public witness, the same has been planted because the applicant was not arrested as alleged by the prosecution on 13.4.2008 at about 5.30 p.m. in fact the applicant was arrested on 8.4.2008. IT's telegram was given to D.I.G., Agra on 10.4.2008 at 4.30 p.m. The applicant was illegally detained at the police station after his arrest, the alleged recovery of the stolen property has been made. The applicant is not having any criminal antecedent, therefore, he may be released on bail. In reply of the above contention, it is submitted by learned A.G.A. and learned counsel for the complainant that in the present case the ornaments having the weight about 10 kg. have been recovered from the possession of the applicant. In the present case, the stolen silver ornaments about 1 kg. have been recovered from one bag and from another bag also the ornaments were recovered from the possession of the applicant and one stolen mobile phone has also been recovered from the possession of the applicant, such recovery may not be planted. So far as the arrest of the applicant is concerned, the telegrams in pesh bandi are generally given by the criminals for the purpose of getting such plea, no reliance can be placed on such telegrams, therefore, the applicant may not be released on bail.;