Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 538 of 2010 Petitioner :- Mahipal Respondent :- State Of U.P. Petitioner Counsel :- Dr.Arun Srivastava 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 in the
present case co accused Awanesh Gupta , whose case stands
on the same footing, has been granted bail by this court on
16.12.2009 in Criminal Misc. Bail Application No.32100/09
and has claimed parity. This fact has not been disputed by the
learned A.G.A. He further submits that the applicant has no
criminal history and is in Jail since 20.10.2009.
In view of the facts and circumstances of the case and
submissions made by learned counsel for the applicant and
learned A.G.A. and without expressing any opinion on the
merits of the case the applicant is entitled to be released on
bail.
Let the applicant Mahipal involved in Case Crime No. 1574
of 2009 under Sections 7/16 P.F.Act and sections 272, 273
I.P.C., P.S. Subhash Nagar, District Bareilly 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 :- 7.1.2010
MLK