Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16877 of 2010 Petitioner :- Hazari Respondent :- State Of U.P. Petitioner Counsel :- R.K. Tripathi 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 the
applicant was neither named in the FIR nor any recovery has been made from
his possession. He further submits that the name of the applicant came to light
in the confessional statement of the co-accused. He further submits that the
main co-accused Goonga has already been granted bail by this Court on
7.1.2010 in Crl. Misc. Bail Application No. 402 of 2010 and the case of the
present applicant also stands on the same footing and has claimed parity. He
further submits that the applicant has got no criminal history and there is no
chance of his fleeing away from the judicial process or tampering with the
prosecution evidence. The applicant is in jail since 17.8.2009.
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 applicant has made out a case for bail.
Let the applicant Hazari involved in Case Crime No. 57 of 2009, under
Sections 393, 336, 307 I.P.C., P.S. G.R.P. Tundrla Firozabad, District
Firozabad be released on bail on his furnishing a personal bond and two heavy
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 :- 6.7.2010
vinay