Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10312 of 2010 Petitioner :- Mukesh Kumar Yadav Respondent :- State Of U.P. Petitioner Counsel :- Raj Bahadur Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
Learned counsel for the applicant submits that the applicant has been falsely
implicated. It is further submitted by learned counsel for the applicant that in
the present case co accused Mohit, whose case stands on the same footing, has
been granted bail by this court on 14.07.2010, in Criminal Misc. Bail
Application No. 17837 of 2010 and has claimed parity. This fact has not been
disputed by the learned A.G.A. He further submits that the applicant is in Jail
since 18.01.2010.
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 Mukesh Kumar Yadav involved in Case Crime No. 22 of
2010, under Sections 18/20 NDPS Act, P.S. Jaswant Nagar, District Etawah
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 :- 4.8.2010
Vinay/v.k.updh.