Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1749 of 2010 Petitioner :- Aziz Mohammad Respondent :- State Of U.P. Petitioner Counsel :- P. K. Chauhan 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 some jewellaries is alleged to have been shown from
the possession of the applicant and there is no public witness of the
recovery. He further submits that the aforesaid recovered jwelleries belong
to the applicant and has no criminal history and is in Jail since 4.8.2009.
In view of the facts and circumstances of the case and submissions made by
learned counsel for the applicant and learned A.G.A. and without expressing
any opinion on the merits of the case the applicant is entitled to be released on
bail.
Let the applicant Aziz Mohammad involved in Case Crime No. 503 of
2009 under Sections 379, 411 I.P.C. , P.S. Mau Darwaja , District
Farrukhabad 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 :- 22.1.2010
MLK