Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2239 of 2010 Petitioner :- Kanhaiya Respondent :- State Of U.P. Petitioner Counsel :- Awadhesh Tiwari Respondent Counsel :- Govt Advocate Hon'ble Amar Saran,J.
Heard learned counsel for the applicant and learned Additional
Government Advocate.
It is argued by the learned counsel for the applicant that the
applicant was not named in the FIR, but he was named in the
extra-judicial confession of the co-accused. Nothing incriminating
was recovered from the applicant and he has no criminal history.
The similarly placed co-accused Mahendra has been granted bail
by an earlier order of this Court.
Learned AGA could not dispute this fact although he opposed the
prayer for bail.
Having considered the submissions of the parties and without
expressing any opinion on the merits of the case, let the applicant-
Kanhaiya, involved in case crime No. 495 of 2009, under sections
302/201/394/411 IPC, police station Sector-58 Noida, district
Gautam Budha Nagar, be released on bail on his furnishing a
personal bond with two sureties each in the like amount to the
satisfaction of the Court concerned with the conditions:
1. That the applicant shall not tamper with the evidence.
2. That he shall report to the court of CJM concerned in the first
week of each month to show his good conduct and behaviour till
conclusion of the trial.
In case of any default by the applicant, the bail granted to him
shall be deemed cancelled and he shall be taken into custody
forthwith.
Order Date :- 29.1.2010
Ishrat
