Vijay Kumar Verma - (1.) SRI Atul Sisodia and SRI Rajeev Sisodia, advocates, have filed memo of appearance on behalf of the applicant. Earlier engaged counsel SRI P. S. Pundir is not present to argue on the bail application. Hence, SRI Atul Sisodia and SRI Rajeev Sisodia advocates are permitted to appear as counsel on behalf of the applicant.
(2.) APPLICANT has filed rejoinder-affidavit, which is taken on record. Heard Sri Atul Sisodia advocate appearing for the applicant and A.G.A. for the State and also perused the record. An F.I.R. was lodged on 18.9.2008 at 9.30 a.m. by the complainant Babloo s/o Ishwar Singh at P. S. Budhana, Muzaffar Nagar, where a case under Section 379, I.P.C. was registered at Crime No. 621 of 2008 against four unknown persons. The allegation in the F.I.R., in brief, is that Truck No. HR-38K/7287 was stolen by unknown persons on 17.9.2008 at about 11.00 p.m. Further case of the prosecution is that the said truck was recovered on 19.10.2008 from the possession of accused Manoj s/o Gyan Singh, Anup Sharma s/o Ram Swaroop Sharma and Satish s/o Kartar Singh (applicant herein) in a police encounter which took place at about 9.30 p.m.
(3.) IT is submitted by the learned counsel that the applicant was sitting in the truck as passenger and after recovery of the truck, the co-accused Manoj and Anoop as well as the applicant were falsely roped in this case. Next submissions is that no recovery of any other incriminating article was made from the applicant. It is also submitted that there is no criminal antecedent of the applicant except present case.;