ANOOP TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned Additional Government Advocate. Gone through the FIR, bail rejection order and other documents annexed hereto. It is a case where the applicant was apprehended in Case Crime No. 109 of 2008, under Section 307 IPC read with Section 2/3 U. P. Gangsters and Anti Social Activities (Prevention) Act, 1986, police station Rampur Kala, district Sitapur and after his arrest he confessed with respect to commission of present case relating Case Crime No. 569 of 2007, under Section 379 IPC read with Section 136 Indian Electricity Act of police station Kamlapur, district Sitapur, which was lodged as far back as on 09.12.2007. It is submitted by the learned counsel for the applicant that applicant has been involved on the basis of his alleged confession of stealing of wire belonging to Electricity Department. It is further submitted that the applicant has already been released on bail by this Court in Case Crime No. 109 of 2008 and, as such, he cannot be hauled up on the basis of his alleged confession in police custody. It is further submitted that maximum sentence provided under Section 379 IPC is three years' imprisonment and the applicant has got no criminal history as stated in para-12 of the affidavit filed in support of the bail application. Taking into consideration overall aspects of the matter and without commenting any further on merit of the case, I find it a fit case for bail. Let applicant-Anoop Tiwari, accused of Sessions Trial No. 34 of 2008, Case Crime No. 569 of 2007, under Section 379 IPC read with Section 136 Indian Electricity Act, police station Kamlapur, district Sitapur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned.