Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16672 of 2010 Petitioner :- Bablu Alias Balram Respondent :- State Of U.P. Petitioner Counsel :- R.B. Maurya Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application has been moved on behalf of Bablu @ Balram for being
enlarged on bail.
It is submitted by learned counsel for the applicant that the applicant is neither
named in the First Information Report nor nominated in the statement of the
witness recorded under Section 164 Cr.P.C..It is also contended that so far as
the complicity of the applicant as a participant in the crime is concerned, the
prosecution version is based totally upon the confessional statement of co-
accused Lalu Yadav recorded before the police authorities ten months after
the alleged incident and that co-accused Lalu Yadav has been enlarged on bail
by order dated 12.7.2010 passed in Criminal Misc. Bail Application No.
17600 of 010 He lastly contended that the applicant who has no criminal
antecedents to his credit is in jail since 10.6.2010.
Learned AGA vehemently opposed the prayer for bail.
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 Bablu @ Balram involved in case Crime No.139 of 2009
under Sections 379, 411 IPC P.S. Saifai, District Etawah be released on bail
on his furnishing a personal bond with two sureties each in the like amount to
the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with prosecution evidence by
intimidating First Information Report and other witnesses.
2. He shall co-operate with investigation and speedy trial.
3. He shall not indulge in criminal activities or commission of any
offence after being released on bail and he shall appear at the
concerned police station in the first week of every two months.
Order Date :- 19.7.2010
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