Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17712 of 2010 Petitioner :- Dau Giri Respondent :- State Of U.P. Petitioner Counsel :- Lal Prabhakar Singh Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused
the record.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated. He further submits that the applicant is
a fair price shop dealer since last 25 years and no comnplaint was ever
filed against him. He further submits that present prosecution has been
lodged malafidely to harass and victimise the applicant and infact no
shortage of commodity was ever found in the shop of the applicant. He
further submits that the applicant was never injulged in mal practice and
he has no criminal history and he is in Jail since 18-5-2010.
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 Dau Giri involved in Case Crime No. 226 of 2010
under Section 3/7 of EC Act, P.S. Jarifnagar, District Badaun 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 :- 13.7.2010
IA