Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17824 of 2010 Petitioner :- Sundeep Respondent :- State Of U.P. Petitioner Counsel :- Sunil Kumar 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 learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submitted that
false recovery of two motor cycles from the joint possession of the applicant
and three other co accused and 13 more motor cycles at the pointing out of the
applicant and four other co accused is alleged to have been shown. He further
submits that neither there is any public witness of the recovery nor the
recovered motor cycles were connected with any crime. Referring to para 9 of
the affidavit filed in support of the bail application he further submits that the
applicant was arrested on 29.5.2010 at about 4.00 P.M. from a three wheeler
vehicle which was moving in front of J.P. Degree College . He further
submits that a telegraphic complaint was sent to the S.S.P., Bulandshahr on
31.5.2010 at 17.05 Hrs and arrest of the applicant was shown on 1.6.2010 at
1.00 P.M. and as such the entire prosecution story stands belied. He further
submits that the applicant has got no criminal history to his credit and there
are no chances of his fleeing away from the judicial process or tampering with
the prosecution evidence, and is in jail since 2.6.2010.
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 Sundeep involved in Case Crime No.368 of 2010 under
Sections 420,467,468,471,411 I.P.C and 41/102 Cr.P.C., P.S.Sikanderabad ,
District Bulandshahr 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 :- 14.7.2010
MLK