Court No. - 3 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35677 of 2009 Petitioner :- Harendra Pandey Respondent :- State Of U.P. Petitioner Counsel :- G.L.Choudhary,Abhai Mishra,Mr.A.N.Bhargava Respondent Counsel :- Govt Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the applicant and the learned A.G.A. and perused
the record.
Learned counsel for the applicant has contended that the applicant has been
implicated in this case falsely by the police as the applicant and his
companions were sitting on Dharna against the fake encounter of Parvez
Ahmad by the police and were demanding compensation for the dependents
of the deceased. It has also been contended that the co-accused Mohd.Arif
who was also apprehended along with the applicant and against whom there
are similar allegations has already been admitted to bail by this Court vide
order dated 12.1.2010 passed in Cr.Misc. Bail Application No. 1062 of 2010.
It has also been pointed out that the applicant is in Jail since 24.11.2009 and
has no crimihal history to his credit.
Learned A.GA.. has, though opposed the bail application yet has admitted
that the case of the applicant is identical with the case of Mohd. Arif.
Considering the nature of the offence and on the ground of parity of the
applicant’s case with the co-accused Mohd. Arif, the applicant is also
admitted to bail on the same conditions.
Let the applicant Harendra Pandey, involved in Case Crime No. 755 of 2009,
under Section 386 I.P.C., P.S. Sadar Bazar, District Meerut 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 :- 21.1.2010
Sh