HANI ALIAS HANUMAN Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Hani alias Hanuman with a prayer that he may be released on bail in Case Crime No. 43 of 2008 under Sections 109 and 411, I.P.C., P. S. Chhata, District Mathura.

(2.) THE facts in brief of this case are that the F.I.R. of this case has been lodged by Man Singh Sony on 14.2.2008 at 3.30 p.m. in respect of the incident which had occurred on 13.2.2008 at about 6.30 p.m.

(3.) IT is contended by learned counsel for the applicant that even according to the prosecution version the applicant has not committed the offence of theft it has been committed by some other persons. The only allegation against them is that the co-accused persons namely Montu Bangali and Mannoo alias Manvendra Singh have confessed before the Police that they have handed over the stolen ornaments to the applicant for the purpose of sale, at the most the offence under Section 411, I.P.C. is made out against the applicants. The recovery is not supported by any public witness, the same has been planted because the applicant was not arrested as alleged by the prosecution on 13.4.2008 at about 5.30 p.m. in fact the applicant was arrested on 8.4.2008. IT's telegram was given to D.I.G., Agra on 10.4.2008 at 4.30 p.m. The applicant was illegally detained at the police station after his arrest, the alleged recovery of the stolen property has been made. The applicant is not having any criminal antecedent, therefore, he may be released on bail.