Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16122 of 2010 Petitioner :- Mahendrapal Respondent :- State Of U.P. Petitioner Counsel :- Deepak Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application has been filed on behalf of the applicant, Mahendrapal, son
of Sukhlal, involved in Case Crime No. 481of 2010, under Sections-418, 419,
420, 511, 468 and 471 I. P. C., Police Station-Punwayan, District-
Shahjahanpur being enlarged on bail during the pendency of the trial.
It has been contended by learned counsel for the applicant that the applicant is
absolutely innocent and falsely implicated in the instant case. According to
the prosecution version, applicant was caught by the security personnels of
the bank while attempting to encash a cheque without the same being passed
by the passing officer but the first information report was lodged on the next
day but strangely the police showed his arrest after three days of the alleged
incident, from a place other than, where he was actually apprehended and
handed over to the police custody, which renders the entire prosecution
version extremely suspicious and doubtful.
It has lastly been contended that the applicant, who has no criminal
antecedents to his credit, is in jail since 4.4.2010, thus, he is entitled to be
enlarged on bail.
The prayer for bail has been opposed by the learned A. G. A.
Considering the submissions made by counsel for the applicant and the fact
that the applicant has no criminal antecedents to his credit, this Court without
expressing any opinion on the merits of the case, is of the view that the
applicant is entitled to be enlarged on bail.
Let the applicant, Mahendrapal, son of Sukhlal, involved in Case Crime No.
481of 2010, under Sections-418, 419, 420, 511, 468 and 471 I. P. C., Police
Station-Punwayan, District-Shahjahanpur, 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:-
1. The applicant shall record her attendance before the concerned C. J. M. on
the 7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall co-operate in the early conclusion of the trial and will
not seek any unnecessary adjournment.
Order Date :- 15.7.2010
HR