Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 762 of 2010 Petitioner :- Ragister Respondent :- State Of U. P. Petitioner Counsel :- Vivek Kumar Singh,Mayank Yadav Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Supplementary affidavit filed today is kept on record.
Heard learned counsel for the applicant, 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, and false recovery of one Tiffin and
one country made pistol are alleged to have been shown from the possession
of the applicant and there is no independent witness of the recovery. He
further submits that the applicant has got no criminal history and is jail since
26.6.09.
It is further submitted that the co-accused Ganga Ram & Balishtar, whose
cases stand on the same footing, have been granted bail by this Court on
19.11.09 in Crl. Misc. Bail Application No. 30799 of 2009 and has claimed
parity. This fact has not been disputed by the learned AGA.
It is further stated by the learned counsel for the applicant that a wrong fact
has crept in the order dated 19.11.09 i.e. the FIR was lodged on 5.7.09 but in
fact, the FIR was lodged on 30.5.09.
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 Ragister involved in Case Crime No. 546 of 2009, under
Sections 395 & 412 I.P.C., P.S. Ujhani, District Budaun 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 :- 13.1.2010
vinay