Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17846 of 2010 Petitioner :- Dharmendra Tiwari Respondent :- State Of U.P. Petitioner Counsel :- Vijay Bahadur Shivhare 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 false and
frivolous story has been set up by the prosecution. It is further submitted
that the applicant has not committed any offence as alleged by the
prosecution.He further submits that present prosecution has been
launched to harass and victimise the applicant. He further submits that
the applicant has no criminal history and is in Jail since 26-5-2010.
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 Dharmendra Tiwari involved in Case Crime No. 981
of 2010 under Section 392, 411, IPC, P.S. Rath, District Hamirpur 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 :- 16.7.2010
IA