Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16599 of 2010 Petitioner :- A.Shrawan Kumar And Another Respondent :- State Of U.P. Petitioner Counsel :- Sarvesh Respondent Counsel :- Govt. Advocate Hon'ble Shashi Kant Gupta, J.
Heard learned counsel for the applicants, learned A.G.A. and perused the
record.
It is submitted by the learned counsel for the applicants that the applicants are
innocent and have been falsely implicated. It is further submitted that the
business transaction was carried out between M/s Pravin Impex and the
complainant and the present prosecution has been launched in connection
with the business transactions between the parties. He further submits that the
applicants are not connected with the said dispute and the applicants are
neither proprietor of the firm nor partners. It is further submitted that this
Court while granting interim protection to the applicants, stayed the arrest of
the applicants by order dated 5.3.2009 in Writ Petition No. 3931 of 2009 but
still the applicants were arrested illegally. They have got no criminal history,
and there are no chance of their fleeing away from the judicial process or
tampering with the prosecution evidence. The applicants are in jail since
22.5.2010.
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 applicants have made out a case for bail.
Let the applicants A. Shrawan Kumar and Sri Niwas Ram involved in Case
Crime No. 221 of 2008, under Sections 420, 406, 504, 506 I.P.C., P.S.
Harbans Mohal, District Kanpur Nagar be released on bail on their 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 applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurise/ intimidate the prosecution witness.
(iii)The applicants will appear before the trial court on the date fixed.
(iv)The applicants shall report to the police station concerned in the first week
of each month to show their 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 :- 3.7.2010
vinay