Vijay Kumar Verma - (1.) HEARD, Sri M. P. S. Chauhan, advocate appearing for the applicant and A.G.A. for the State and perused the record.
(2.) AN F.I.R. was lodged on 25.5.2008 at 10.00 a.m., by the complainant Satendra Pal Singh at P. S. Quarsi, district Aligarh, where a case at Crime No. 369 of 2008, under Section 380/411 was registered against unknown persons. The allegation in the F.I.R. is that one mobile Nokia 2600 having sim card bearing No. 9837036373, licenced revolver 32 bore, bearing No. F. G. 33271 with six live cartridges and Rs. 2,000 were stolen from the room of complainant on 25.5.2008 at about 5.30 a.m. The allegation against applicant ANis alias General is that stolen revolver and sim of mobile were recovered from his possession on 2.6.2008. The main submission made by learned counsel for the applicant in support of the bail application is that no such incident as alleged by prosecution had occurred and fabricating a false story of theft and recovery of revolver etc. the applicant has been falsely roped in this case. Next submission is that there is no criminal history against the applicant, who is in jail since 3.6.2008.
(3.) IT is further submitted that at the most offence under Section 411, I.P.C. would be made out against the applicant, because he is not named in the F.I.R. of theft and since maximum sentence under Section 411, I.P.C. is 3 years imprisonment, hence on this ground the applicant deserves bail now, as he is in jail more than 11 months. It is further submitted by learned counsel that the applicant was apprehended by the police from his house and mother of the applicant had sent telegram, as is evident from the order dated 1.7.2008, passed by the court below in Bail Application No. 2115 of 2008. (Annexure-3).;