Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 408 of 2010 Petitioner :- Irfan Respondent :- Union Of India Petitioner Counsel :- Rajiv Kumar Saini Respondent Counsel :- Govind Saran Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, , Sri Govind Saran, learned counsel
for the complainant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that the applicant has been falsely
implicated. It is further submitted by learned counsel for the applicant that in
the present case co accused Som Deo @ Seetu, whose case stands on the same
footing, has been granted bail by this court on 5.11.09 in Criminal Misc. Bail
Application No. 29314 of 2009 and has claimed parity. He further submits
that the applicant has no criminal history and is in Jail since 7.8.09.
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 Irfan involved in Case Crime No. 6 of 2009, under Section
3 of the Railway Property (Unlawful Possession) Act, 1966, P.S. R.P.F.
Balamau, District Hardoi 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ 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 behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 7.1.2010
vinay