Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15104 of 2010 Petitioner :- Ashok Kumar Respondent :- State Of U.P. Petitioner Counsel :- B.K. Mishra,A.C.Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and learned AGA appearing on behalf
of State & perused the record.
It is contended by learned counsel for the applicant that the applicant has
falsely been implicated in the aforesaid case due to ulterior motive. The first
information report with respect to the incident occurred in the intervening
night of 3/4.4.2010 was lodged on 5.4.2010 with regard to the theft of motor
cycle. The name of the applicant was not mentioned in the first information
report. There is great inconsistency in the prosecution version. There is no
public witness to support the prosecution story. On the other hand learned
AGA contended that there is active participation of the applicant in the
commission of the aforesaid offence ,therefore, the applicant does not deserve
any indulgence of bail. Learned counsel for the applicant contended that the
applicant is absolutely innocent and is languishing in jail since 6.4.2010. The
applicant is not a previous convict. In case he is enlarged on bail, he will not
misuse the liberty of bail.
Having considered the aforesaid submission advanced by learned counsel for
the applicant and without expressing any opinion on the merits of the case, it
is directed that the applicant Ashok Kumar involved in Case Crime No. 67 of
2010 under section 379/411 IPC Police Station Fatehpur Sikari District Agra
be enlarged on bail on his executing a personal bond & two heavy sureties
each in the like amount to the satisfaction of the court concerned with
following conditions:-
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurise/intimidate with the prosecution
witnesses.
3. The applicant will appear before the trial court on the date fixed.
In breach of any of aforesaid condition, the prosecution would be at
liberty to move application for cancellation of bail.
Order Date :- 16.6.2010
Naim