Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18023 of 2010 Petitioner :- Devendra @ Pappu Respondent :- State Of U.P. Petitioner Counsel :- S.K. Tiwari Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
Learned counsel for the applicant has contended that co-accused Pintu
alias Jaipal has already been allowed bail by this court and the applicant is not
named in the FIR and case is based on circumstantial evidence and name of
the applicant appeared in the statement of co-accused. The applicant is in jail
since 1.7.2009.
Learned A.G.A. has contended that the applicant has criminal history of 4
cases but it is submitted by the learned counsel for the applicant that the
applicant is on bail in all the cases and the cases relate prior to the year 2008.
Co-accused has already been allowed bail.
Considering the nature of accusation and the severity of punishment in case of
conviction and the nature of supporting evidence, reasonable apprehension of
tampering of the witnesses and prima facie satisfaction of the court in support
of the charge, the applicant is entitled to be released on bail.
Let the applicant Devendra alias Pappu involved in case crime no. 547 of
2009, under section 147, 302, 201 IPC, P.S. Tanda, District Rampur be
released on bail on his furnishing a personal bond with two sureties each in
the like amount to the satisfaction of the court concernedwith the following
conditions.
1. The applicant shall not tamper with the prosecution evidence by
intimidating the witnesses.
2. He shall cooperate with the investigation and speedy trial.
3. He shall not indulge in any criminal activity or commission of any
crime after being released on bail.
Order Date :- 15.7.2010
Masarrat