Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1259 of 2010 Petitioner :- Malkhan @ Gudda @ Goonga Respondent :- State Of U. P. Petitioner Counsel :- V. K. Sharma,Ajay Kumar 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. It is further submitted that the
applicant has already been granted bail in Case crime no.57 of 2009 under
sections 393, 307, 336, IPC, police station Tundla (GRP) District Firozabad .
On the very same day present case under section 25 of Arms Act was also
instituted against him. It is further submitted that false recovery of one Katta
has been shown from the possession of the applicant There is no public
witness of the incident. It is further submitted that the applicant does not have
any criminal history. The applicant is in Jail since 03-8-2009.
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 Malkhan @ Gudda @ Goonga involved in Case crime
no.58 of 2009 under section 25 Arms Act, Police Station Tundla (G.R.P.)
district Firozabad 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 shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ 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 behaviour.
In case of breach of any of the above mentioned conditions the court below
shall be at liberty to cancel the bail.
Order Date :- 13.1.2010
IA