Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17256 of 2010 Petitioner :- Makhan Singh Respondent :- State Of U.P. Petitioner Counsel :- Vijay Bahadur Shivhare Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused
the record.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated. He further submits that the present
prosecution has been launched malafidely to harass and victimise the
applicant. He further submits that the applicant is labourer and when he
demanded Mazdoori he was beaten by the contractor and false FIR has
been lodged against him. He further submits that the applicant has no
criminal history and is in Jail since 18-5-2010.
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 Makhan Singh involved in Case Crime No. 319 of
2010 under Section 323, 406, 504, 506, IPC, ajnd section 3(1) 10 SC/
ST Act P.S. Biwar, District Hamirpur 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 :- 8.7.2010
IA