Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17120 of 2010 Petitioner :- Abu Bakar And Another Respondent :- State Of U.P. Petitioner Counsel :- Miss. Afsan Shafaut 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. He further submits that in the
present complaint case No. 792 of 2009, under Sections 452 and 506 IPC,
Police Station Itwa, District Siddharth Nagar, bail application of the
applicants has been rejected by the court below. He further submits that the
applicants have not committed the alleged offence and the present prosecution
has been lauched with malafide intention just to harass and victimse the
applicants. He further submits that the applicants have no criminal history
and there is no chance of their fleeing away from the judicial process or
tampering with the prosecution evidence. The applicants are in jail since
19.5.2010.
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 Abu Bakar and Jafar Ali involved in complaint case No.
792 of 2009, under Sections 452 and 506 IPC, Police Station Itwa, District
Siddharth 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 :- 7.7.2010
vinay