Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 856 of 2010 Petitioner :- Babu Ram And Another Respondent :- State Of U.P. Petitioner Counsel :- Mohd. Afzal Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused
the record.
Learned counsel for the applicants has submitted that the applicants are
innocent and have been falsely implicated. It is further submitted that
the applicants are, in fact, Office Bearers and they have not embezzled
the amount of Rs. 30,000/-. He further submits that the offence is
triable by the 1st class Magistrate and the applicants have got no
previous criminal history, and are in jail since 17.12.09.
Learned counsel for the applicants further states that the applicants are
ready to give an undertaking for payment of the entire disputed amount
of Rs. 30,000/- within a period of 30 days from the date of their release.
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 applicants have made out a case
for bail.
Let the applicants Babu Ram & Atar Singh involved in Case Crime No.
1469 of 2009, under Sections 420 & 406 I.P.C., P.S. Nahtaur, District
Bijnor be released on bail on their furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the court
concerned subject to their giving an undertaking that the applicants shall
deposit a sum of Rs. 30,000/- in the Court of CJM, Bijnor within 30
days from the date of release who will, thereafter, remit the said amount
to the Sant Sri Ravi Das Swam Sahayata Samiti.
In case of default in complying with the aforementioned undertaking,
the court below shall be at liberty to cancel the bail.
Order Date :- 11.1.2010
vinay