Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2543 of 2010 Petitioner :- Haluki And Another Respondent :- State Of U. P. Petitioner Counsel :- N.S. Chahar 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. He further submits that the
applicants were neither named in the FIR nor were arrested on the spot. He
further submits that the kidnapped boy was also not recovered from the
possession of the applicants and the present prosecution has been launched
with malafide intention to victimise and harass them. He further submits that
co accused Ram Akhtar, whose case stands on the same footing , has been
granted bail by this court on 29.1.2010 in Criminal Misc. Bail Application
No. 2256 of 2010.He further submits that the applicants have got no criminal
history and are in jail since 24.11.09.
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 applicants Haluki and Mukesh involved in Case Crime No. 520 of
2009, under Section 364-A I.P.C., P.S. Sikandara, District Agra 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.
Order Date :- 2.2.2010
MLK