Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2819 of 2010 Petitioner :- Kariya Respondent :- State Of U.P. Petitioner Counsel :- Noor Mohammad 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, and false recovery of one blood
stained shirt, rope and one khoota are alleged to have been shown from the
possession of the applicant. There is no independent witness of the recovery.
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 7.1.2010.
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 Kariya involved in Case Crime No. 1308 of 2009, under
Sections 3/8 Cow Slaughter Act, P.S. Rampur, District Jaunpur 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.
Order Date :- 4.2.2010
vinay