Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12701 of 2010 Petitioner :- Kapil Respondent :- State Of U.P. Petitioner Counsel :- Kameshwar Singh Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and the learned AGA for the State.
Learned counsel for the applicant submits that the applicant is innocent and he
has been falsely implicated.
He further submits that the applicant was not named in the FIR
As far as the complicity of the applicant in the case is concerned the
prosecution version is based on alleged recovery of Rs.20,200./- from the
possession of the applicant which according to the prosecution was looted
property although the said amount belongs to the applicant who runs a ‘kirana
shop’.
He also submitted that there is no independent witness of the alleged
recovery.
He lastly submitted that the applicant who has no criminal antecedent to his
credit is in jail since 9.1.2010. and hence entilted to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned AGA.
Considering the nature of submissions made on behalf of the applicant, 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 Kapil involved in Case Crime No.7 of 2010 under Section
394/411 IPC Police Station Kotwali Nagar, District Banda, be released on bail
on his executing a personal bond and two sureties each in the like amount to
the satisfaction of the Court concerned, subject to the following conditions.
I. The applicant shall record their 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 :- 12.7.2010
cps