Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 828 of 2010 Petitioner :- Monu Respondent :- State Of U.P. Petitioner Counsel :- I. M. Khan Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, Sri Asutosh Shukla, counsel for the
complainant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. It is further submitted that the cause
of death of victim has not been ascertained and the viscera report is awaited. It
is further submitted that the main allegation is against Kallu who was in love
with the victim. It is further submitted that infact the deceased wanted to
marry Kallu and she ultimately committed suicide when she was not allowed
by her parents to marry Kallu. It is further submitted that in the impugned
rejection order it is mentioned that wife of the informant has stated that before
her death the deceased infact had made allegations against Kallu alone and no
allegation is said to have been made by the deceased against the applicant . It
is further submitted that the applicant does not have any criminal history. The
applicant is in Jail since 29-11-2009.
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 Monu involved in Case crime no.1114 of 2009 under
section 306/34 IPC, Police Station Noorpur district Bijnor 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 shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ 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 behaviour.
In case of breach of any of the above mentioned conditions the court below
shall be at liberty to cancel the bail.
Order Date :- 11.1.2010
IA