Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17856 of 2010 Petitioner :- Naresh Kumar Respondent :- State Of U.P. Petitioner Counsel :- Mukesh Kumar Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Supplementary affidavit filed today be kept on record.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application has been filed on behalf of the applicant Naresh Kumar who
is accused in Case Crime No. 112 of 2010, under Section 366 I.P.C.,
registered with P.S. Mirhachi, District Etah for being enlarged on bail during
the pendency of the trial.
Learned counsel for the applicant contended that the applicant is neither
named in the F.I.R. nor any overt act has been attributed to him. As far as the
complicity of the applicant as a participant in the offence is concerned, the
prosecution version is totally based upon the accused conversation which the
applicant was having with the prosecutrix on his cell phone. For that purpose
the call details of the applicant’s cell phone dated 24.02.2010 to 24.03.2010
had been relied upon.
Learned counsel for the applicant further contended that the applicant can not
be convicted for offence with which has been charged on the basis of material
on record as admittedly according to the F. I. R. version itself the prosecutrix
was kidnapped by co-accused Manoj.
He lastly contended that the applicant who has no criminal antecedents to his
credit is in jail since 30.04.2010.
Per contra the Learned A.GA. has vehemently opposed the prayer for bail.
Keeping in view the nature of offence, severity of punishment, reasonable
apprehension of tampering with the evidence, prima facie satisfaction
regarding proposed evidence and genuineness of the prosecution case,
submissions made by learned counsel for the applicant and the fact that the
applicant has no criminal antecedents, this court is of the view that the
applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Naresh Kumar son of Ram Dulare involved in Case Crime
No. 112 of 2010, under Section 366 I.P.C., registered with P.S. Mirhachi,
District Etah, be released on bail on his executing a personal bond and
furnishing two sureties each in the like amount to the satisfaction of the court
concerned subject to the following conditions:-
I. The applicant shall record his attendance before the concerned C.J.M.
on the 7th day of every month.
II. The applicant shall not tamper with the prosecution evidence.
III.The applicant shall co-operate in the early conclusion of the trial and
will not seek any unnecessary adjournment.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
Order Date :- 30.7.2010
YK