Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2835 of 2010 Petitioner :- Faiz Ahmad Respondent :- State Of U.P. Petitioner Counsel :- Rama Nand Pandey,Pradeep Narayan Pandey 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 learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. It is further submitted that false
recovery of one Motor cycle has been shown from the applicant . There is no
public witness of the incident. It is further submitted that there is no chance of
his fleeing away from the judicial process or tampering with the prosecution
and the applicant does not have any criminal history. The applicant is in Jail
since 20-9-2009.
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 has made out a case for bail
Let the applicant Faiz Ahmad involved in Case crime no.2600 of 2009
under section 379, 411 IPC, Police Station Kotwali district Basti 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 shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ 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 behaviour.
In case of breach of any of the above mentioned conditions the court below
shall be at liberty to cancel the bail.
Order Date :- 4.2.2010
IA