PAPPAN Vs. STATE OF U P

JUDGEMENT

(1.) PRAYER for bail in this 3rd bail application has been made on behalf of the applicant Pappan S/o Parashuram, who is facing trial in S.T. No. 1053 of 2007 arising out of Case Crime No. 15 of 2007 under Sections 460 and 411, I.P.C., P. S. M. M. Gate, District Agra.

(2.) CRIMINAL Misc. 1st Bail Application No. 12632 of 2007 was decided on merit by Hon'ble Shiv Charan, J., (since retired on superannuation) vide order dated 7.8.2007, whereby the bail application was rejected. Thereafter, CRIMINAL Misc. 2nd Bail Application No. 24877 of 2008 was moved, which was rejected for want of prosecution vide order dated 21.5.2008, passed by Hon'ble A. K. Roopanwal, J.

(3.) CERTAIN arguments on merit of the case were made by Sri G. S. Hajela and it was submitted by him that the applicant has been made accused in present case merely on the basis of recovery of silver wire, whereas according to the F.I.R., no wire of silver was stolen from the workshop and only the silver scrap is alleged to have been stolen in the fateful night by unknown thieves.