Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13605 of 2010 Petitioner :- Narendra Rana Respondent :- State Of U.P. Petitioner Counsel :- Shamsher Singh Respondent Counsel :- Govt Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State
respondent.
The present bail application has been filed by the applicant in case crime no.
11 of 2010 under Section 302, 201 IPC, P.S. Kotwali City District Bijnor with
a prayer that he may be granted bail.
It is argued by the learned counsel for the applicant that the applicant is not
named in the First Information Report. The complicity of the applicant as a
participant in the crime is based upon the statement of one, Sanjeev recorded
under Section 161 Cr.P.C. at the belated stage i.e. on 20.1.2010, who is
alleged to have seen the deceased in the company of the applicant on a
motorcycle on the relevant date. He further contends that had this witness
seen the deceased in the company of the applicant on the relevant date, the
name of the applicant would have figured in the FIR itself. Thus the testimony
of this witness is wholly unreliable and not convincing. Therefore, under these
circumstances, the applicant deserves to be released on bail at this stage.
It is next contended by the learned counsel for the applicant that the co-
accused Kuldeep has already been granted bail on 27.4.2010 vide criminal
misc. bail application no. 9362 of 2010, photocopy of which has been
produced, which is taken on record.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie, satisfaction
regarding proposed evidence and genuineness of the prosecution case were
duly considered.
Considering the totality of circumstances of the case, I consider it a fit case to
enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant
Narendra Rana involved in aforesaid crime 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 subject to following conditions that :
1. the applicant shall not tamper the prosecution evidence;
2. the applicant shall not pressurize the prosecution witnesses; and
3. the applicant shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the bail, granted
to the applicant, shall stand automatically be cancelled.
Order Date :- 15.6.2010
Ashish