Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19009 of 2010 Petitioner :- Dinesh Choch Respondent :- State Of U.P. Petitioner Counsel :- S.P.Singh Parmar 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. He further submits that false and
frivolous story has been set up by the prosecution just to harass and victimse
the applicant. He further submits that the applicant has not been named in the
FIR and false recovery of Rs. 12,500/- and gold jewellery has been shown
after 12 days. He further submits that it is most improbable that the looted
amount will be distributed among the accused persons in front of the
Sampurna Nand University in broad day light. He further submits that the
applicant was the manager in the firm of the informant and there was some
dispute with regard to payment of money due to which the applicant has been
implicated maliciously. He further submits that recovered money, in fact,
belongs to the applicant . He has no criminal history and is in jail since
1.6.2010.
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 Dinesh Choch involved in Case Crime No. 133 of 2010,
under Sections 394, 411, 120-B I.P.C., P.S.Chetganj, District Varanasi 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 :- 23.7.2010
vinay