Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11068 of 2010 Petitioner :- Dinesh Respondent :- State Of Up Petitioner Counsel :- Rajendra Kumar Srivastava 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
recovery of country made pistol is alleged to have been shown from the
possession of the applicant. There is no independent witness of the recovery.
He further submits that the applicant has already been granted bail today in
Crl. Misc. Bail Application No. 11067 of 2010. He further submits that there
is no chance of the applicant’s fleeing away from the judicial process or
tampering with the prosecution evidence. The applicant is in jail since
15.11.2006.
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 Dinesh involved in Case Crime No. 381 of 2006, under
Sections 25 Arms Act, P.S. Tundla, District Firozabad 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 :- 10.5.2010
vinay