Allahabad High Court High Court

Mairaj vs State Of U.P. on 16 June, 2010

Allahabad High Court
Mairaj vs State Of U.P. on 16 June, 2010
Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15024 of 2010

Petitioner :- Mairaj
Respondent :- State Of U.P.
Petitioner Counsel :- Vinod Tripathi
Respondent Counsel :- Govt. Advocate

Hon'ble Naheed Ara Moonis,J.

Heard, the learned counsel for the applicant, the learned AGA for the
State and perused the record.

The present bail application has been moved by the applicant Mairaj in
case crime no. 2387 of 2008, under Sections 420/506 IPC, P.S.
Kotwali, District-Bijnor, with a prayer that he may be admitted to bail.

It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case due to enmity.
There is contradiction between the statement of witnesses and
prosecution story. There is no witnesses to support the alleged
compromise. In case the applicant is enlarged on bail, he will not
misuse the liberty of the bail. The applicant is in jail since 9.11.2009.

In view of the aforesaid facts and circumstances, without expressing
any opinion about the merits of the case, let the applicant, Mairaj
involved in case crime no. 2387 of 2008, under Section 420/506 IPC,
P.S. Kotwali, District-Bijnor, be enlarged on bail, on his executing a
personal bond and furnishing two heavy 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.

In defiance of the above conditions, the prosecution would be at liberty
to move application for cancellation of bail.

Order Date :- 16.6.2010
AN