Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17267 of 2010 Petitioner :- Gulshan Respondent :- State Of U.P. Petitioner Counsel :- S.C.Tiwari 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
only role of exhortation has been assigned to the applicant and no injury has
been caused by the applicant. He further submits that 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 20.5.2010.
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 Gulshan involved in Case Crime No. 86 of 2010 under
Sections 307,452,324,504,506 I.P.C., P.S. Bazaria , District Kanpur Nagar 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.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 8.7.2010
MLK