Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17382 of 2010 Petitioner :- Subash Bind Respondent :- State Of U.P. Petitioner Counsel :- Parameshwar Yadav 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 has been falsely
implicated. It is further submitted by learned counsel for the applicant that in
the present case co accused Ram Briksha, Raju and Virendra, whose case
stands on the same footing, have been granted bail by this court on
19.05.2010, in Criminal Misc. Bail Application No. 12520 of 2010 and has
claimed parity. This fact has not been disputed by the learned A.G.A. He
further submits that the applicant has no criminal history and is in Jail since
27.03.2010.
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 Subash Bind involved in Case Crime No. 2 of 2010, under
Sections 379/411 IPC, and 27/29/51 Vanya Jeev Sanrakshan Adhimiyam, P.S.
Sohagibarwa, District Maharajganj 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 :- 12.7.2010
IA/v.k.updh.