Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17850 of 2010 Petitioner :- Balveer Respondent :- State Of U.P. Petitioner Counsel :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned AGA for the State.
It is submitted by learned counsel for the applicant that the applicant is neither
named in the First Information Report nor he was arrested on the spot. As far
as the complicity of the applicant as a participant in the crime is concerned,
the prosecution version is totally based upon the recovery of two currency
notes of Rs.500/- from the possession of the applicant which are stated to be
stolen property. It is further contended that no recovery was made from the
applicant and the recovered currencies was planted in the pockets of the
applicant after he was implicated in the case. It is lastly contended that the
applicant is in jail since 13.4.2010.
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 history, 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 Balveer involved in case Crime No.338 of 2010 under
Sections 392, 411 IPC., P.S. Sadar Bazar, District Agra 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 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 :- 2.8.2010
Pk