Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15669 of 2010 Petitioner :- Muttahir Respondent :- State Of U.P. Petitioner Counsel :- Prabhat Kumar Srivastava,V.C. Tiwari Respondent Counsel :- Govt. Advocate,R.K. Sinha Hon'ble Bala Krishna Narayana,J.
Heard Sri V. C. Tiwari, learned Senior Advocate, assisted by Sri
Prabhat Kumar Srivastava appearing for the applicant and learned
A. G. A. for the State and Sri R. K. Sinha as well, learned counsel
for the complainant.
This application has been filed on behalf of the applicant,
Muttahir, son of late Sami Ullah, involved in Case Crime No. 822
of 2008, under Sections-420, 467, 468, 471, 504, 506 and 487 I. P.
C., Police Station-Kotwali Nagar, District-Bulandshahr for being
enlarged on bail during the pendency of the trial.
It has been contended by learned counsel for the applicant that the
application which is said to have been filed by the applicant for
issuing passport containing incorrect particulars including the
name of the applicant, was never filed by the applicant and he has
falsely been implicated in the present case due to enmity with the
complainant as admittedly the applicant is one of accused in a
criminal case involving the murder of the father of the
complainant. It has next been contended that there is no evidence
on record indicating the complicity of the applicant as a participant
in the offence.
It has lastly been contended that the applicant who is in jail since
6.2.2010, thus, he is entitled to be enlarged on bail.
Sri R. K. Sinha, leanred counsel for the complainant opposed the
prayer for bail and urged that the applicant is not entitled to bail
for the reason that he is involved in other cirminal cases also and
he is the main accused in the case involving murder of the father
of the complainant. The prayer for bail has also been opposed by
the learned A. G. A.
Considering the submissions made by counsel for the applicant,
this Court without expressing any opinion on the merits of the
case, is of the view that the applicant is entitled to be enlarged on
bail.
Let the applicant, Muttahir, son of late Sami Ullah, involved in
Case Crime No. 822 of 2008, under Sections-420, 467, 468, 471,
504, 506 and 487 I. P. C., Police Station-Kotwali Nagar, District-
Bulandshahr, be released on bail on his executing a personal bond
and furnishing two sureties each in the like amount to the
satisfaction of the court concerned subject to the following
conditions:-
1. The applicant shall record his attendance before the concerned
C. J. M. on the 7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall co-operate in the early conclusion of the trial
and will not seek any unnecessary adjournment.
Order Date :- 10.8.2010
HR