Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 966 of 2010 Petitioner :- Chhotey Respondent :- State Of U.P. Petitioner Counsel :- S.C. Tiwari Respondent Counsel :- Govt. Advocatge Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
the F.I.R. was lodged after lapse of 28 days and no cogent reason has been
given regarding such inordinate delay. He further submits that the allegation
against the applicant is that he attempted to commit rape. He further submits
that no such offence was committed by the applicant and has been falsely
implicated only to harass and victimise him with an ulterior motive at the
instance of one Lakhan Singh Yadav, Ex village Pradhan with whom the
applicant has inimical terms due to village party bandi. He further submits
that the applicant has no criminal history and is in jail since 27.10.2009.
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 Chhotey involved in Case Crime No. 125 of 2006 under
Sections 452,376,511,504,506 I.P.C. and 3(1)(10) of SC/ST Act, P.S.
Moosanagar, District Kanpur Dehat 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 :- 19.1.2010
MLK