Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 858 of 2010 Petitioner :- Deen Dayal @ Bantu Respondent :- State Of U.P. Petitioner Counsel :- Mukesh Kumar Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated, and false recovery of one motor
cycle is alleged to have been shown from the possession of the applicant. He
further submits that there is no independent witness of the recovery and the
applicant has got no criminal history, and is jail since 30.11.09.
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 Deen Dayal @ Bantu involved in Case Crime No. Nil of
2009, under Sections 41, 102 UP Government & 411 I.P.C., P.S. Sadar Bazar,
District Agra 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 :- 11.1.2010
vinay