Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3810 of 2010 Petitioner :- Imrat Respondent :- State Of U.P. Petitioner Counsel :- S. N. Gupta,R.D.Dauholia Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Supplementary affidavit filed today be kept on record.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application has been filed on behalf of the applicant Imrat who is
accused in Case Crime No. 764 of 2009 , under Sections 419, 420, 467, 468,
470 and 471 I.P.C., registered with P.S. Madawara, District Lalitpur, for being
enlarged on bail during the pendency of the trial.
Learned counsel for the applicant contended that the applicant is absolutely
innocent and he has been falsely implicated in the present case due to local
enmity.
It has further been contended that the applicant neither received any amount
from any one falsely representing himself as secretary of J.M.D. office nor he
promised to obtain sanction of posts of motivator in concerned village.
He next contended that allegations made in the F.I.R. are absolutely vague as
neither the date nor the place where the amount was allegedly paid to the
applicant has been mentioned.
He lastly contended that the applicant who has no criminal antecedents, is in
in jail since 09.01.2010 and thus he is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by the Learned A.GA.
Keeping in view the nature of offence, severity of punishment, reasonable
apprehension of tampering with the evidence, prima facie satisfaction
regarding proposed evidence and genuineness of the prosecution case,
submissions made by learned counsel for the applicant and the fact that the
applicant has no criminal antecedents, this court is of the view that the
applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Imrat son of Ganpat Rajak involved in Case Crime No. 764
of 2009, under Sections 419, 420, 467, 468, 470 and 471 I.P.C., registered
with P.S. Madawara, District Lalitpur, be released on bail on his executing a
personal bond and furnishing two sureties each in the like amount to the
satisfaction of the court concerned subject to the following conditions:-
I. The applicant shall record his attendance before the concerned C.J.M.
on the 7th day of every month.
II. The applicant shall not tamper with the prosecution evidence.
III.The applicant shall co-operate in the early conclusion of the trial and
will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
Order Date :- 16.7.2010
YK