Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 707 of 2010 Petitioner :- Kaleem @ Babi Respondent :- State Of U. P. Petitioner Counsel :- Shams Tabrez Ali 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 in the case. He further submits that
in Case Crime No. 257 of 2009 under sections 120-B, 381 and 411 I.P.C. the
applicant was granted bail by order dated 1.12. 2009 in Criminal Misc. Bail
Application no. 31332 of 2009 and soon after passing of the above bail order
N.C.R. under sections 504 and 506 I.P.C. was registered against the applicant
on 3.12.2009. He further submits that , later on, with an ulterior motive, in
collusion with the complainant, section 386 I.P.C. was added to make the
offence cognizable . He further submits that no case under section 386 I.P.C.
is made out against the applicant and the said section has been added at the
instance of the complainant only with a view to harass and victimise him. He
further submits that the applicant has no criminal history and is in jail since
14.10.2009.
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 Kaleem alias Babi involved in Case Crime No. 310 of 2009
under Sections 386/504/506 I.P.C., P.S.. Kotwali, District Varanasi 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 :- 8.1.2010
MLK