Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1510 of 2010 Petitioner :- Jai Ram Vishwakarma Respondent :- State Of U.P. Petitioner Counsel :- Prashant Kumar Srivastava 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 learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. He further submits that the
applicant was not named in the FIR and his name came into light in the
statement of the co-accused Nandu, and no recovery has been shown from the
possession of the applicant. The further submits that the applicant has got no
criminal history and is in jail since 27.10.09.
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 applicant has made out a case for bail.
Let the applicant Jai Ram Vishwakarma involved in Case Crime No. 679 of
2009, under Sections 394 & 411 I.P.C., P.S. Chopan, District Sonbhadra 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.
(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 :- 21.1.2010
vinay