Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17600 of 2010 Petitioner :- Lalu Yadav Respondent :- State Of U.P Petitioner Counsel :- Aditya Kumar Tripathi 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 in the case. He further submitted that
the applicant was not named in the F.I.R. and false recovery of a Motor Cycle
is alleged to have been shown from the possession of the applicant and there
is no public witness of the recovery. He further submits that the applicant has
got no criminal history to his credit and there are no chances of his fleeing
away from the judicial process or tampering with the prosecution evidence,
and is in jail since 16.5.2010.
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 Lalu Yadav involved in Case Crime No. 139 of 2009 under
Sections 379, 411 I.P.C, P.S. Saifai, District Etawah 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 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.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 12.7.2010
MLK