Court No. - 28 Case :- BAIL No. - 3974 of 2010 Petitioner :- Jyoti Nandan Tewari Respondent :- State Of U.P. Petitioner Counsel :- Ratnesh Trivedi,Ajay Kumar Mishra,Atul Kumar Pandey Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Counter Affidavit filed on behalf of the State is taken on record.
Heard the learned counsel for the applicant and the learned AGA and
perused the record.
The learned counsel for the applicant submitted that complainant is an
advocate and is living in the house of the applicant’s brother-in-law as
tenant. The applicant’s brother in law insisted the complainant to vacate
the house and due to which the complainant got implicated the applicant
in this case. It was also submitted that the recovery has been planted by
the police at the behest of the complainant.
There does not appear to be any reasonable ground to believe that the
applicant will temper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offence, evidence, complicity of the
accused, the severity of the punishment and submissions of the learned
counsel for the applicant and the learned AGA, I am of the view that the
applicant has made out a case for bail.
Let the applicant Jyoti Nandan Tewari involved in case crime No. 300
of 2010 under sections 379 and 411 IPC, P.S. Kotwali Lakhimpur,
District Kheri be released on bail on his furnishing a personal bond and
two sureties each in the like amount to the satisfaction of the Chief
Judicial Magistrate, Kheri.
Order Date :- 26.7.2010
MTA