Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15044 of 2010 Petitioner :- Khammu @ Hammu Respondent :- State Of U.P. Petitioner Counsel :- Rakesh K. Singh Chauhan,Smt. Neelam Singh Chauhan Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard, the learned counsel for the applicant, the learned AGA for the
State and perused the record.
The present bail application has been moved by the applicant Khammu
alias Hammu in case crime no.309 of 2006, under Section 379, 411 IPC,
P.S. Khandauli, District Agra, with a prayer that he may be admitted to
bail.
The FIR was registered on 6.10.2006 with the allegation that some
unknown persons have taken away the motorcycle of the complainant on
5/6.10.2006.
It is contended by the learned counsel for the applicant, that the
applicant has been falsely implicated. On 9.10.2006 the recovery of the
alleged stolen motorcycle has been made from the possession of
applicant. The applicant was already enlarged on bail arising out of case
crime no. Nil of 2006 under Section 379 IPC. Thereafter the recovery of
the alleged stolen motorcycle has been shown from the possession of
applicant on 10.10.2006 and Section 412 IPC was added. The alleged
story with regard to the recovery of the said motorcycle is false and
concocted, nothing has been recovered from the possession of
applicant, no public witness has been shown in the recovery memo. The
applicant has nothing to do with the said motorcycle, he was arrested
due to ulterior motive by the police. The applicant is in jail since
28.4.2010. He is not previously convicted and is having no criminal
history. In case, he is enlarged on bail, he will not misuse the liberty of
bail.
In view of the aforesaid facts and circumstances, without expressing any
opinion about the merits of the case, let the applicant, Khammu alias
Hammu involved in case crime no.309 of 2006, under Section 379, 411
IPC, P.S. Khandauli, District Agra, be enlarged on bail, on his executing
a personal bond and furnishing two heavy 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.
In defiance of the above conditions, the prosecution would be at liberty to
move application for cancellation of bail.
Order Date :- 16.6.2010
Mustaqeem.