Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19462 of 2010 Petitioner :- Netra Dev Lawania Respondent :- State Of U.P. Petitioner Counsel :- Nitin Kumar Agarwal 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. The applicant is a Government
Servant. He further submits that the allegation against the applicant is that he
embezzled around Rs. 1,00,000/-. He further submits that the applicant has
already deposited Rs. 1,04,090/- He further submits that the applicant has not
committed the offence as alleged by the prosecution and the present
prosecution has been launched maliciously just to harass and victimise him.
The applicant has no criminal history and is in jail since 14.6.2010.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Netra Dev Lawania involved in Case Crime No. 188 of
2005, under Sections 467, 468, 471, 409, 420, 120-B I.P.C. and 13 (2) of
Prevention and Corruption Act, P.S. Tundla, 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 :- 28.7.2010
vinay