Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16576 of 2010 Petitioner :- Joginder Singh Respondent :- State Of U.P. Petitioner Counsel :- Harjot Singh,Chandan Sharma 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. He further submits that false and
frivolous story has been set up against the applicant. He further submits that
false recovery of forged license, one pistol and two live cartridges is alleged
to have been shown from the possession of the applicant and there is no
independent witness of the recovery. He further submits that the applicant
has got no criminal history 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 1.4.2010.
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 Joginder Singh involved in Case Crime No. 175 of 2010,
under Section 25/27 Arms Act, P.S. Bharthana, District Etawah 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 :- 3.7.2010
vinay