Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7781 of 2010 Petitioner :- Dileep Alias Ajay Respondent :- State Of U.P. Petitioner Counsel :- Jai Narain,Dalvir Singh Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
the applicant is alleged to have fired upon the police party but no body had
received any injury, as such it is a case of no injury. He further submits that
false recovery of one Nokia Mobile Set, one country made pistol, two live and
one used cartridges, and Rs. 5,000/- is alleged to have been shown from the
possession of the applicant. There is no independent witness of the recovery.
He further submits that the alleged money recovered, in fact, belongs to the
applicant. He further submits that the applicant in Case Crime No. 417 of
2009, under Sections 394 and 120B I.P.C., P.S. Malawan, District Etah has
been granted bail today. He further submits that the prior to the filing of the
present FIR, the applicant was not having any criminal case pending against
him and there is no chance of his fleeing away from the judicial process or
tampering with the prosecution evidence. The applicant is in jail since
24.11.09.
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 Dileep alias Ajay involved in Case Crime No. 392 of 2009,
under Sections 147, 148, 149, 307, 411 I.P.C., P.S. Malawan, District Etah 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 :- 2.4.2010
vinay