Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34426 of 2009 Petitioner :- Shakeel Respondent :- State Of U.P. Petitioner Counsel :- Bhaskar Bhadra Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Heard learned counsel for the applicant and learned A.G.A. and perused the material
placed on record.
Applicant- Shakeel seeks bail in Case Crime No. 111 of 2009 under Sections 419,
420, 467, 468 and 471 I.P.C., Police Station Aonla, District Bareilly.
Submissions have been made on behalf of the applicant that the applicant is not
named in the F.I.R. His complicity as a participant in the crime has cropped up from
confessional statement of other co-accused persons, namely, Natthu, Riyasat and
Sabir Ali Shah before the police. He further contends that such type of confession
has got no meaning under the law unless it is corroborated by some substantial
evidence. He has further submitted that under the similar set of circumstances other
co-accused persons have been released on bail by the courts concerned and the
case of the applicant stands upon better footing, therefore, he is also entitled to be
released on bail. He has also submitted that applicant is in jail since 14.10.2009 and
the trial has not commenced which is likely to take sometime to conclude and
moreover, there is no criminal history to his credit.
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-Shakeel
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.
Order Date :- 13.1.2010
MN/-