GAURAV Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned Brief Hoder for the State. On 20th January, 2012 at 11:00 am an FIR was lodged at the instance of Shalini Sharma, Senior Booking Clerk, Booking Office, Railway Station, Haridwar against two unknown persons for the offence punishable under Section 380 IPC. The occurrence was alleged to have taken place on 19.01.2012 at 9:30 am. The Senior Booking Clerk reported that when she was sitting in booking window no. 1 on 19 January, 2012 and Sneha Neer and Smt. Manuj R. Chauhan were working at counter no. 3 & 1 respectively, two unknown persons aged between 22 -25 years entered inside the room and robbed her of money worth Rs. more than two lacs. They fled away after committing the offence.

(2.) WHEREAS learned AGA opposed the bail, learned counsel for the applicant Gaurav submitted that applicant has been falsely implicated in the case and police has prepared a false recovery memo whereby a sum of Rs. 20,000/ - is alleged to have recovered from his possession. Learned counsel has argued that it is highly improbable that a person who committed loot on a previous day will remain in the same premises i.e. Railway Station till the next day. The applicant is doing Graduation in Haryana and had come to Haridwar to take holy dip in river Ganga. He was not named in the FIR. There is no previous criminal history of the accused -applicant. He has not been put to Test Identification Parade despite the fact that he is in jail since 20.01.2012. His first bail application was dismissed not on merits but because he did not press it at that stage.