Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 950 of 2010 Petitioner :- Raju Respondent :- State Of U.P. Petitioner Counsel :- R.P. Upadhyay Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the
record.
It is submitted by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. It is further submitted that the
allegation against the applicant is that he along with other co- accused fired
upon the Police party but no one sustained any injury. The prosecution story
is not supported by any independent witness. . It is further submitted that the
co- accused Sri Chandra has already been released on bail by this Court on 8-
8-2008 in Bail Application No.21729 of 2008. It is stated that the case of the
applicant stands on the same footing and claimed parity .It is further
submitted that the applicant does not have any criminal history. The applicant
is in Jail since 13-5-2008.
Keeping in view the nature of the offence, evidence, complicity of the
accused ,severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail
Let the applicant Raju involved in Case crime no.361 of 2008 under section
147, 148, 149, 307 IPC, Police Station Kotwali district Mathura be released
on bail on his furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the Court concerned with the following
conditions:
` (i)The applicant shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv) The applicant shall report to the police station concerned in the first
week of each month to show his good conduct and behaviour.
In case of breach of any of the above mentioned conditions the court below
shall be at liberty to cancel the bail.
Order Date :- 11.1.2010
IA