Court No. - 32 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14864 of 2010 Petitioner :- Harimohan Mishra Respondent :- State Of U.P. Petitioner Counsel :- Rajeev Chaudhari Respondent Counsel :- Govt.Advocate Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant is a resident of Goa and the allegation is that he was
accompanying other persons involved in smuggling and trading of antiquities
. The idol of lord Buddha stated to be of some yellow metal has been
recovered from the other co-accused. Learned counsel contended that
recovery has not been made from the applicant .It is further submitted that the
offence is punishable only by imprisonment of three years and therefore there
is no occasion to deny bail.
Learned A.G.A. opposed the bail and contended that applicant is residing
outside the State and his procurement would be difficult if he is bailed out. It
is also submitted that the applicant has been taken into custody in district
Chandauli and therefore it can not be said that the applicant was simply
wandering in the said district and was not involved in the commission of the
alleged offence..
Keeping in view the nature of submissions advanced and that the alleged
recovery having not been made from the applicant and further that there are
no reported criminal antecedents against the applicant, it will be appropriate
that applicant be enlarged on bail on furnishing heavy local sureties as he
belongs to a faraway State..
Let the applicant Harimohan Mishra involved in Case Crime No. 175 of 2010
under Sections 41/411/414 I.P.C. Section 16-A of Ancients Monuments
Preservation Act, 1904 and section 25 of the Antiquities and Art Treasury Act
Police Station Alinagar District Chandauli be enlarged on bail on his
executing a personal bond and furnishing two heavy local sureties, each in the
like amount. to the satisfaction of the court concerned with the following
conditions :-
1.The applicant will not tamper with the evidence during the trial.
2.The applicant will not pressurise/intimidate the prosecution witnesses.
3.The applicant shall report to the court concerend in the first week of every
two months apart from other dates fixed to show his good conduct and
behaviour
In case of breach of any of the above conditions, the court below shall be at
liberty to cancel the bail of the applicant.
Order Date :- 23.6.2010
Aks