Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21017 of 2010 Petitioner :- Pappu And Others Respondent :- State Of U.P. Petitioner Counsel :- Janardan Yadav 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 applicants Pappu,
Sundar, Sanjai and Mukut in case crime no.238 of 2010, under Section
419, 420, 467, 468, 471, 120-B IPC, P.S. Mohamadabad, District
Ghazipur, with a prayer that they may be admitted to bail.
It is contended by the learned counsel for the applicant, that the
applicants have been falsely implicated in the case due to village rivalry.
If the allegations made in the FIR are taken to be true it is of civil nature
and there is no criminal liability. The applicants have been implicated
falsely in the case with ulterior motive. The applicants are in jail since
18.5.2010, and in case they are enlarged on bail they will not misuse the
liberty of bail.
In view of the aforesaid facts and circumstances, without expressing any
opinion about the merits of the case, let the applicants, Pappu, Sundar,
Sanjai and Mukut involved in case crime no.238 of 2010, under Section
419, 420, 467, 468, 471, 120-B IPC, P.S. Mohamadabad, District
Ghazipur, be enlarged on bail, on their executing a personal bond each
and furnishing two heavy sureties each in the like amount to the
satisfaction of the court concerned, with the following conditions:-
(i)The applicants will not tamper with the evidence during the trial.
(ii)The applicants will not pressurise/ intimidate the prosecution witness.
(iii)The applicants 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 :- 12.8.2010
Mustaqeem.