Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17243 of 2010 Petitioner :- Pappu Respondent :- State Of U.P. Petitioner Counsel :- P.K. Rao,V.B. Rao 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 is innocent
and has been falsely implicated. He further submits that the present
prosecution has been launched malafidely to harass and victimise the
applicant. He further submits that the FIR has been lodged after five
days of the incidence and no plausible explanation with regard to delay
has been explained.. He further submits that the applicant has no
criminal history and is in Jail since 10-4-2010.
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 Pappu involved in Case Crime No. 421 of 2010 under
Section 387, 325, 504, 506, IPC, 7th Criminal Law Amendment act P.S.
Kotwali Nagar, District Banda 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 :- 8.7.2010
IA