Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14687 of 2010 Petitioner :- Malkhan Singh @ Subhash @ Mahendra Respondent :- State Of U.P. Petitioner Counsel :- Ravindra Nath Rai,A.K. Rai Respondent Counsel :- Govt. Advocate Hon'ble Shashi Kant Gupta,J.
Today counter affidavit has been filed by learned AGA which may be
taken on record.
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 present
prosecution has been launched malafidely to harass and victimise the
applicant. He further submits that the applicant has not committed any
offence as alleged by the prosecution. He further submits that neither he
opened any bank account nor misappropriated any amount. He further
submits that the applicant has no criminal history and is in Jail since 04-
3-2010.
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 Malkjhan Singh alias Subhash alias Mahendra
involved in Case Crime No. 409 of 2010 under Sections 420, 467, 468,
471 IPC , P.S. Indrapuram, District Ghaziabad 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 :- 27.7.2010
IA