Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15319 of 2010 Petitioner :- Mainthi Respondent :- State Of U.P. Petitioner Counsel :- Syed Fahim Ahmed Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard, the learned counsel for the applicant, the learned AGA for the State
and perused the record.
The present bail application has been moved by the applicant, Mainthi in case
crime no.703 of 2009, under Sections 363, 366, 368 I.P.C., P.S. Swar, District
Rampur, with a prayer that he may be admitted to bail.
According to the FIR the complainant’s daughter aged about 11 years was
take away by Cristophar the complicity of the applicant came into light during
investigation that he has given shelter to the co-accused Cristophar. No
specific role has been assigned to the applicant for abducting of the victim,
minor daughter of the complainant.
On the other hand, the learned AGA contended that there is active
participation of the applicant for abducting the minor daughter of the
complainant. In case, he is enlarged on bail, he will misuse the liberty of bail.
On the other hand, the learned counsel for the applicant has contended that,
the applicant has been falsely implicated in the present case due to ulterior
motive. The applicant is in jail since 20.6.2009 and in case, he is enlarged on
bail, he will not misuse the liberty of the bail.
In view of the aforesaid facts and circumstances, without expressing any
opinion about the merits of the case, let the applicant, Mainthi involved in
case crime no.703 of 2009, under Sections 363, 366, 368 I.P.C., P.S. Swar,
District Rampur, be enlarged on bail, on his executing a personal bond and
furnishing two heavy 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.
In defiance of the above conditions, the prosecution would be at liberty to
move application for cancellation of bail.
Order Date :- 18.6.2010
Manoj