Allahabad High Court High Court

Rohit vs State Of U.P. on 12 August, 2010

Allahabad High Court
Rohit vs State Of U.P. on 12 August, 2010
Court No. - 52

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21052 of 2010

Petitioner :- Rohit
Respondent :- State Of U.P.
Petitioner Counsel :- Rajendra Kumar Pandey
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 Rohit in
case crime no.496 of 2010, under Section 379, 411 IPC, P.S. Murad
Nagar, District Ghaziabad, with a prayer that he may be admitted to bail.
It is contended by the learned counsel for the applicant, that the FIR was
registered on 21.6.2010 in respect of theft of golden bangles on
20.6.2010. The recovery of the one bangle was made from the
possession of the applicant. The alleged story with regard to the
recovery of the said bangle is false and concocted, nothing has been
recovered from the possession of applicant, there is no public witness
shown in the recovery memo. The applicant has nothing to do with the
said bangle, he was arrested due to ulterior motive by the police. In
case, he is enlarged on bail, he will not misuse the liberty of bail. The
applicant is in jail since 21.6.2010.

In view of the aforesaid facts and circumstances, without expressing any
opinion about the merits of the case, let the applicant, Rohit involved in
case crime no.496 of 2010, under Section 379, 411 IPC, P.S. Murad
Nagar, District Ghaziabad, 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 :- 12.8.2010
Mustaqeem.