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In the court of Sessions Judge,Kanpur Nagar

Bail Application No. 1546/2017

Sonu Singh Vs. State of U.P.

Crime no. 59/2017

U/s 379/411 IPC,
P.S. Narwal, Kanpur Nagar

Order

Accused applicant Sonu Singh son of Munna Singh @ Mahendra Singh

resident of Vill. Karbigawan, P.S. Narwal, Kanpur Nagar, has moved this bail
application. The aforesaid accused applicant is in jail in case crime no. 59/2017
u/s 379/411 IPC, P.S. Narwal, Kanpur Nagar.

This is first bail application moved on behalf of the accused applicant.

As per prosecution version, the facts of the case, in brief are that on
13.6.17 at about 2.00 AM, in the night, the complainant Surya Pal Singh was
lying at the door of his house and his Eicher Tractor was standing in front of
his house. On hearing some noise, he woke up and saw that some thief took
away the battery of his Tractor. In his Tractor, the battery of AMARON
Company was installed, the number of which was AAF4604R3. He saw hither
and thither then two persons fleeing away at a far distance were seen. He made
noise and both of them fled away. The FIR to this effect was got lodged on the
same day at 11.30 hrs. against unknown thieves. On 14.6.17 at about 5.30 AM,
the accused applicant Sonu Singh @ Shailendra Singh was arrested by the
police, on the information or at the instance of secret informant and from his
possession, one stolen Tractor battery, pertaining to the present case, was
recovered. One person namely Bauwan succeeded in escaping away from the
spot.

Heard the learned counsel for the accused applicant, learned

DGC(Criminal) and perused the case diary and other documents available on
record.

Learned DGC (Criminal) opposed the bail application on the ground

that the offence committed by the accused applicant is serious in nature. The
stolen Tractor battery has been recovered from the possession of accused
applicant, whereas the learned counsel for the accused applicant argued that the
accused applicant has been falsely implicated in this case, due to election
enmity and conspiracy. He is innocent and has committed no offence. The
prosecution story as shown against him is absolutely false and forged. No
recovery has been made from his possession. He has not committed any theft.
He has not assisted in the commission of alleged crime. The recovery shown
against him is false and forged. There is delay of about 11 hours in lodging of
the FIR and no explanation for the said delay has been given in the FIR. There
is no public independent witness of alleged incident or recovery. There is no
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criminal history against him. He is in jail since 14.6.17. He is a farmer.

As per prosecution case, one stolen Tractor battery, pertaining to the

present case, is said to have been recovered from the possession of accused
applicant. But there is no public independent witness of alleged incident or
recovery. There is no criminal history against the accused applicant. The
accused applicant is in jail since 14.6.17.

Considering all the facts and circumstances of the case, but without
expressing any opinion on the merits of the case, I find it a fit case for bail.
Hence, the bail application of the accused applicant deserves to be allowed.

Order

The bail application no. 1546/2017 of the accused applicant is allowed.

Let the accused applicant Sonu Singh be enlarged on bail on his

furnishing a P.B. of Rs. 60,000/- (Rs. Sixty Thousand) with two sureties each
in the like amount, to the satisfaction of the court concerned.

(Shashi Kant Shukla)

Sessions Judge,
Kanpur Nagar
13.07.2017