Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2513 of 2010 Petitioner :- Dinesh Kumar Yadava And Others Respondent :- State Of U. P. Petitioner Counsel :- Mohd. Aman Khan Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the
record.
It is submitted by learned counsel for the applicants that the applicants are
innocent and have been falsely implicated. It is further submitted that the
applicants are employed as labourers in the factory and the arrest of the main
accused Rakesh Kumar Gupta who is the owner of the factory, has already
been stayed by this Court on 18-11-2009 in Crl. Misc. Bail Application
No.23502 of 2009. It is further submitted that in the factory Kattha paste was
being manufactured for commercial and industrial purposes and it is not
edible . It is further submitted that there is no chance of their fleeing away
from the judicial process or tampering with the prosecution evidence and the
applicants do not have any criminal history. The applicants are in Jail since
4-11-2009.
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 applicants have made out a case for bail
Let the applicant Dinesh Kumar Yadav, Rajnath Yadav and Babloo
Yadav involved in Case crime no.1242 of 2009 under sections 419, 420,
468,469,471 IPC, Police Station Sidhari district Azamgarh be released on bail
on their 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 shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ 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 behaviour.
In case of breach of any of the above mentioned conditions the court below
shall be at liberty to cancel the bail
Order Date :- 2.2.2010
IA