Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13397 of 2010 Petitioner :- Aishveer Respondent :- State Of U.P. Petitioner Counsel :- Prabhat Kumar Srivastava Respondent Counsel :- Govt. Advocate,Rahul Mishra Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and the learned AGA.
Learned counsel for the applicant contended that although the applicant is
named in the FIR but no overt act has been attributed to him
He next contended that the Investigating Officer during investigation found
that the prosecutrix had eloped with co accused Sanjay and she was living
with some relative of co accused Sanjay.
He next contended that the applicant is in jail since 5.2.2010 and has no
criminal antecedent to his credit and thus is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned AGA.
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 Aishveer involved in Case Crime No. 35 of 2010 under
Sections 363,366 I.P.C., P.S. Aurangabad , District Bulandshahr 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
(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 CJM concerned in the first week
of each month to show his good conduct and behaviour.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 3.8.2010