Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17301 of 2010 Petitioner :- Bhola @ Sankar Respondent :- State Of U.P. Petitioner Counsel :- Sunil Kumar Pathak Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
Learned counsel for the applicant submits that the applicant is innocent and
has been falsely implicated. It is further submitted by learned counsel for the
applicant that in the present case co accused Pawan, whose case stands on the
same footing, has been granted bail by this Court on 13.5.2010 in Criminal
Misc. Bail Application No. 11654 of 2010 and has claimed parity. This fact
has not been disputed by the learned A.G.A. The applicant is in jail since
5.4.2010.
Learned AGA stated that the applicant has got a criminal history of some
cases.
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 Bhola @ Sankar involved in Case Crime No. 32 of 2010,
under Section 364-A IPC, P.S. Fatehabad, District Agra 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/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 behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 8.7.2010
vinay