NEER BAHADUR RANA Vs. STATE

JUDGEMENT

(1.) . The petitioner is facing trial for charges under Section 412 IPC. The allegation is that one Shammi and co-accused Raju had committed robbery in the house of the complainant and had stolen Rs. 50,000/- in cash and some jewellery and a mobile phone belonging to the complainant. Shammi is in jail. Co-accused Raju has not been arrested. This petitioner who was arrested by the police in a case under Section 41, Cr.P.C. made disclosure statement that he purchased one mobile phone from Shammi and Raju for Rs. 1000/-. Mobile phone belonging to the complainant was recovered from his possession evidence is being recorded.

(2.) . Counsel for the petitioner has argued that even offence under Section 412 IPC, has not been made out. Charge has already been framed and the prosecution.

(3.) Considering that only one mobile phone was recovered from the possession of the petitioner I am inclined to grant bail to the petitioner.