Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11896 of 2010 Petitioner :- Anoop Singh Respondent :- State Of U.P. Petitioner Counsel :- Sanjay Singh Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned AGA for the State.
It is contended by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the instant case. It is next
contended that no recovery was made from the applicant and the stolen
property had been planted. It has lastly been contended that the applicant who
has no criminal antecedents to his credit is in jail since 17.4.2010 and thus the
applicant is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by the learned AGA.
Keeping in view the nature of offence, severity of punishment, reasonable
apprehension of tampering with the evidence, prima facie satisfaction
regarding proposed evidence and genuineness of the prosecution case,
submissions made by the learned counsel for the applicant and the fact that
the applicant has no criminal antecedents, this Court is of the view that the
applicant is entitled to be enlarged on bail during the pendency of the trial..
Let the applicant Anoop Singh, involved in Case Crime No.814 of 2010 under
Section 379, 411 IPC., P.S. Indrapuram, District Ghaziabad be released on
bail on his executing a personal bond and furnishing two sureties each in the
like amount to the satisfaction of the court concerned subject to the following
conditions :-
1. The applicant shall record his attendance before the concerned CJM on
the 7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall co-operate in the early conclusion of the trial and
will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial Court will be at
liberty to cancel the bail.
Order Date :- 19.7.2010
Pk