GUDU Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is an application for bail. The applicant is said to have been arrested on the spot while picking the pocket of the reporter and relieving him of Rs. 240/- at about 11.30 p.m. on 30.11.1989. It is alleged that the reporter was taking his meal in a marriage party. The applicant crow was also taking meal in that party. Somehow, in the crowd, he had picked the pocket. The Magistrate as well as the Sessions Judge rejected the application for bail. Hence this application has been moved.

(2.) IT has been contended on behalf of the applicant that the applicant is a boy below sixteen years of age. He ought to have been granted bail by the lower court. Learned State Counsel urged that pickpockets put the victim in a very strange and helpless position after the occurrence and strong view should be taken.

(3.) IN State of Maharashtra v. Buddhikota Subba Rao, 1989(2) Recent Criminal Reports 612 : AIR 1989 SC 2292 at p. 2295, it was stated as under :