Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 427 of 2010 Petitioner :- Ravi And Another Respondent :- State Of U.P. Petitioner Counsel :- S. P. S. Parmar,R.C.Srivastava 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 the learned counsel for the applicants that the applicants are
innocent and have been falsely implicated in the case. He further submits that
the applicants are neither owner nor tenant of the house from where the
recovery is alleged to have been made and the applicant has nothing to do
with the material allegedly recovered from the house in question. He further
submits that co accused Kapil has been granted bail by this court on 24.5.2010
in Criminal Misc. Bail Application No. 28266 of 2009. He further submits
that the applicant has got no criminal history to his credit and there are no
chances of their fleeing away from the judicial process or tampering with the
prosecution evidence, and are in jail since 19.8.2009.
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 have made out a case for bail.
Let the applicants Ravi and Mukesh involved in Case Crime No.662 of 2009
under Sections 274,275,276,420 I.P.C. and section 18/27 of Drugs and
Cosmetics Act, 1940., P.S. Hariparvat, 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 applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurise/ intimidate the prosecution witness.
(iii)The applicants will appear before the trial court on the date fixed.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 20.7.2010
MLK