Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16669 of 2010 Petitioner :- Vinod Respondent :- State Of U.P. Petitioner Counsel :- Akash Mishra 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 in the FIR
general role of firing has been assigned to the applicant and three other co-
accused. However, the informant, subsequently, in his statement, has
assigned to the applicant the only role of exhortation instead of firing. 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 1.5.2010.
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 Vinod involved in Case Crime No. 125 of 2010, under
Sections 307, 504, 506 I.P.C., P.S. Bakewar, 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 :- 5.7.2010
vinay