Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34579 of 2009 Petitioner :- Niyaj Mohd Respondent :- State Of U.P. Petitioner Counsel :- Ram Raj Pandey,Sri.V.P.Srivastava Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard Sri V. P. Srivastava, Senior Advocate assisted by Sri Ram Raj Pandey,
learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. It is further submitted that the
applicant is neither a purchaser nor seller nor attesting witness of the sale-
deed. The only allegation against the accused-applicant is that he has
extended his assistance in the fraud in execution of the fraudulent sale-deeds.
It is further submitted by learned counsel for the applicant that in the present
case co accused Afzal, whose case stands on the same footing, has been
granted bail by this court on 14.12.09 in Criminal Misc. Bail Application No.
32717 of 2009 and has claimed parity. This fact has not been disputed by the
learned A.G.A. He further submits that the applicant has no criminal history
and is in Jail since 8th July, 2009.
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 Niyaj Mohd involved in Case Crime No. 491 of 2009, under
Section .420, 467, 468, 471 IPC, P.S. Baghpat, District Baghpat 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 applicants 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 :- 4.1.2010
vinay