Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20412 of 2010 Petitioner :- Anil Kumar Respondent :- State Of U.P. Petitioner Counsel :- Santosh Shukla Respondent Counsel :- Govt. Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused
the record.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated. He further submits that the applicant is
neither named in the FIR nor the victim was recovered from his
possession and his name for the first time came into light in the second
statement of the witness Lal Singh recorded after 45 days of the
recovery of the kidnapped boy.It is further submitted that the kidnapped
boy Raunak Singh has not named the applicant. He further submits that
the present prosecution has been launched malafidely to harass and
victimise the applicant. He further submits that the applicant has no
criminal history and is in Jail since 4-6-2010.
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 Anil Kumar involved in Case Crime No.140 of 2010
under Section 364, 120-B IPC, P.S. Auraiya, District Auraiya 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 :- 4.8.2010
IA