Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16304 of 2010 Petitioner :- Dhani Ram Respondent :- State Of U.P. Petitioner Counsel :- Preet Pal Singh Rathore 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 the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
there is inordinate delay of one month in lodging the F.I.R. and there is no
plausible explanation about the same. He further submits that the alleged
vehicle does not belong to the informant and as such no offence under section
406 I.P.C. is made out. He further submits that on the very same day one more
case was slapped against the applicant and except the afore mentioned cases
the applicant has got no criminal history to his credit and there are no chances
of his fleeing away from the judicial process or tampering with the
prosecution evidence, and is in jail since 25.9.2009.
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 Dhani Ram involved in Case Crime No. 615 of 2009 under
Sections 406, 411 I.P.C., P.S. Zarif Nagar, District Budaun 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 :- 1.7.2010
MLK