Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 122 of 2010 Petitioner :- Piyush Mehrotra Respondent :- State Of U.P. Petitioner Counsel :- Umesh Chandra Mishra,Akhilesh Kumar Pandey 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 the applicant was neither named in the F.I.R. nor was identified and
false recovery of one Nokia Mobile and Rs. 300 is alleged to have been
shown from the possession of the applicant after ten months of the
incident, and there is no public witness of the recovery. He further submits
that except one case there was no other criminal case pending against
the applicant on the date of lodging of the present F.I.R. and is in Jail
since 20.10.2008.
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 Piyush Mehrotra involved in Case Crime No. 180 of
2008 (S.S.T. No. 240 of 2008) under Sections 392,411 I.P.C , P.S.
Makhkhanpur , District Firozabad 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 :- 12.1.2010
MLK