Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25930 of 2009 Petitioner :- Surendra Shukla Respondent :- State Of U.P. Petitioner Counsel :- Ashutosh Upadhyay,Mrs. Sonali Singh,Shwati Agrawal Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
Sri Santosh Kumar, Advocate has filed memo of appearance on behalf of the
applicant which is taken on record.
Applicant-Surendra Shukla seeks bail in Case Crime No. 377 of 2009 under
Sections 467, 468, 471, 419, 420 I.P.C., Police Station Manjhanpur, District
Kaushambi.
Heard learned counsel for the applicant as well as learned AGA for the State
and perused the material placed on record.
Submissions have been made on behalf of the applicant that the applicant is in
jail since 29.8.2009 and the trial has not commenced which is likely to
consume some time to conclude. He has further pointed out that under the
similar set of circumstances co-accused-Pushp Raj Pandey has been granted
bail by another Bench of this Court vide order dated 16.11.2009 in Criminal
Misc. Bail Application No.29917 of 2009 and the applicant is also entitled to
be released on bail. The applicant is in jail since 29.8.2009 and there is no
criminal history to his credit. Moreover, there are remote chances of his
fleeing away from judicial process or tampering with the prosecution
evidence.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie, satisfaction
regarding proposed evidence and genuineness of the prosecution case were
dully considered.
Considering totality of circumstances of the case, I consider it a fit case to
enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant-
Surendra Shukla involved in aforesaid crime be released on bail on his
furnishing a personal bond of Rs. 25,000/- and two sureties each in the like
amount to the satisfaction of the court concerned with the following
conditions that;
1. The applicant shall not tamper with the prosecution evidence by
intimidating the witnesses.
2. He shall cooperate with the investigation and speedy trial.
3. He shall not indulge in any criminal activity or commission of any
crime after being released on bail.
Order Date :- 4.1.2010
MN/-