Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18769 of 2010 Petitioner :- Prakash @ Om Prakash Respondent :- State Of U.P. Petitioner Counsel :- Sanjay Kumar Dwivedi Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, 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. He further submits that criminal
proceeding has been launched against the applicant to victimise and harass
him with the allegation that the applicant has committed theft of electricity.
He further submits that the maximum punishment prescribed under the
Electricity Act is three years and the applicant is in jail since 10.4.2010.
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 Prakash @ Om Prakash involved in Case Crime No. 798 of
2009, under Sections 135 of Electricity Act, 2003, P.S. Vrindavan, District
Mathura 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.
In case of breach of any of the above conditions, the court below shall be at
liberty to cancel the bail.
Order Date :- 23.7.2010
vinay