SHAIL KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -The applicant moved an application for release of rifle alleged to have been recovered from the possession of accused Ghan Shyam in Crime No. 93 of 1996, under Sections 147, 148, 149 and 307, I.P.C. and Section 12/14, D.A.A. Act and Section 25/27, Arms Act, P.S. Kamasin regarding which S.T. No. 100 of 1996, is pending before the Special Judge (S.C./S.T. Act), Banda. The application for release of rifle has been rejected by an order dated 22.2.2000, by the special Judge (S.C./S.T. Act). Aggrieved by that order, the present revision has been preferred.

(2.) I have heard Sri Arvind Agarwal, learned counsel for the revisionist and the A.G.A., though no counter-affidavit has been filed inspite of opportunity.

(3.) CONSIDERING the circumstances of the case that the applicant is not an accused in this case, the revision is allowed. It is ordered that the rifle of the applicant shall be released in his favour immediately, provided the applicant possesses a valid licence, on his furnishing a personal bond for Rs. 10,000 and undertaking to produce the rifle as and when required by the Court during trial.