Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17279 of 2010 Petitioner :- Arun Kumar Tiwari @ Dabbu Respondent :- State Of U.P. Petitioner Counsel :- S.N. Tiwari 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 has been falsely
implicated. It is further submitted by learned counsel for the applicant that in
the present case co accused Santosh Kumar Kesari, whose case stands on the
same footing, has been granted bail by this court on 17.11.2009, in Santosh
Kumar Kesari vs. State of U.P. and has claimed parity. This fact has not been
disputed by the learned A.G.A. He further submits that the applicant has no
criminal history and is in Jail since 23.05.2009.
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 Arun Kumar Tiwari @ Dabbu involved in Case Crime No.
581 of 2008, under Sections 328, 379, 411 IPC, P.S. New Agra, District Agra
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.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his 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 :- 8.7.2010
MKL/v.k.updh.