Court No. - 35 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34994 of 2009 Petitioner :- Waseem And Another Respondent :- State Of U.P. Petitioner Counsel :- Sunil Vashisth Respondent Counsel :- Govt Advocate Hon'ble Mrs. Jayashree Tiwari,J.
Heard learned counsel for the accused applicants and learned A.G.A. for the
State.
It is contended that accused applicants are not named in the F.I.R.
Subsequently the looted property that is truck was made on the pointing out of
the accused applicants. It is contended on behalf of the learned counsel for the
accused applicants that the said recovery of the looted property was made
from an open place where every person or public can have easily reacts.
As against this fact nothing has been vehemently argued on behalf of learned
counsel for the State.
Without going into merits of the case at this stage and considering the facts
that offence is triable by the court of Magistrate and the looted property is
appears to have been made from the public place as alleged above and he is in
jail since 23.08.09, I think it expedient that the accused applicant be enlarged
on bail.
Let accused applicants Waseem and Shah Alam involved in Case Crime No.
534/09 under Sections 392 and 411 I.P.C., P.S. Murad Nagar, District
Ghaziabad be enlarged on bail on their furnishing a personal bond of
Rs.1,00,000/- and two sureties each in the like amount to the satisfaction of
Magistrate concerned plus following undertaking that:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/intimidate the prosecution witness.
3. The applicant shall not absent himself from appearing in the Court on the
date fixed without prior permission of the Court.
4. The applicant will not engage himself in such anti social activity of looting
the vehicle.
Order Date :- 3.2.2010
Meenu