Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16788 of 2010 Petitioner :- Kishan Respondent :- State Of U.P. Petitioner Counsel :- Devesh Singh Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been contended by learned counsel for the applicant that the applicant
was merely working as an employee in the establishment and since the owner
of the establishment Nilesh Kumar @ Anoop Kumar has been granted bail by
this court vide order dated 23.06.2010 passed in Criminal Misc. Bail
Application no. 15809 of 2010, the applicant is also entitled to bail on the
ground of parity.
It has next been contended that although the allegation is that the applicant
was found preparing Masala but chemical examination report has not been
received till date.
It has lastly been contended that the applicant who has no criminal
antecedents to his credit is in jail since 22.05.2010.
The prayer for bail has been vehemently opposed by the Learned A.GA.
Keeping in view the nature of offence, severity of punishment, reasonable
apprehension of tampering with the evidence, prima facie satisfaction
regarding proposed evidence and genuineness of the prosecution case,
submissions made by learned counsel for the applicant and the fact that the
applicant has no criminal antecedents, 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 Kishan son of Late Banarasi involved in Case Crime No.
134 of 2010, under Sections 272 and 273 I.P.C., registered with P.S. Chetganj
District Varanasi, be released on bail on his executing a personal bond and
furnishing two sureties each in the like amount to the satisfaction of the court
concerned subject to the following conditions:-
I. The applicant shall record his 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 :- 20.7.2010
YK