Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8692 of 2010 Petitioner :- Deepak Sharma 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 the learned A.G.A.
The applicant Deepak Sharma who is accused in case crime no. 18 of 2010,
under Sections 394, 411 I.P.C., P.S. Rakabganj, District Agra has filed this
application for being enlarged on bail during the pendency of the trial.
Learned counsel for the applicant contented that the applicant is not named in
the FIR. As far as his complicity as a participant in the crime is concerned the
prosecution version is based totally upon the extra judicial confession of the
applicant and recovery of stolen article shown from the applicant which is
fake as nothing was recovered from the applicant. It has lastly been contended
that the applicant who is in jail since 10.2.2010 has no criminal history to his
credit and hence he is entitled to be enlarged on bail.
The bail is however, vehemently opposed by the learned AGA.
Without expressing any opinion on the merits of the fact, I consider it
appropriate to release the applicant on bail.
Let the applicants Deepak Sharma involved in case crime no. 18 of 2010,
under Sections 394, 411 I.P.C., P.S. Rakabganj, District Agra be released on
bail on his furnishing a personal bond and two sureties each in the like
amount to the satisfaction of Court concerned subject to the following
conditions:-
1. The applicant shall record his attendance before the concerned C.J.M. on
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 :- 14.6.2010
Prabhat