Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11905 of 2010 Petitioner :- Raj Bahadur Respondent :- State Of U.P. Petitioner Counsel :- K.S. Yadav,R.B. Singh Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application has been filed on behalf of the applicant Rajbahadur who is accused
in Case Crime No. 438 of 2009, under Sections 392, 411 I.P.C., registered with P.S.
Maharaj Gganj, District Jaunpur for being enlarged on bail during the pendency of
the trial.
Learned counsel for the applicant contended that the applicant is neither named in the
F.I.R. nor any recovery was made from him. As far as the complicity of the applicant
as a participant in the offence is concerned, the prosecution version is based totally
upon the confessional statement of the co-accused recorded before the police
authorities.
He lastly contended that the applicant is in jail since 4.4.2010.
The prayer for bail has however been vehementaly opposed by the learned A.G.A on
the ground that the applicant has a long criminal history of 9 cases.
In reply, learned counsel for the applicant submitted that the applicant has been
enlarged on bail in all the 9 cases.
Considering the nature of submissions made on behalf of the applicant this court is of
the view that the applicant is entitled to be enlarged on bail during the pendency of
the trial.
Let the applicant Rajbahadur son of Shri Sheo Murti Yadav involved in Case Crime
No. 438 of 2009, under Sections 392, 411 I.P.C., registered with P.S. Maharaj
Gganj, District Jaunpur be released on bail on his executing a personal bond and
furnishing two sureties each in the like amount to the satisfaction of the court
concerned subject to the following conditions:-
I.The applicant shall record his attendance before the concerned C.J.M. on the 7th day
of every month.
II.The applicant shall not tamper with the prosecution evidence.
III.The applicant shall co-operate in the early conclusion of the trial and will not seek
any unnecessary adjournments.
In case of breach of any of the above conditions, the trial court will be at liberty to
cancel the bail.
Order Date :- 22.7.2010
Naresh