Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16532 of 2010 Petitioner :- Mohd. Usman @ Usman Khan Respondent :- State Of U.P. Petitioner Counsel :- Zafar Abbas 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 false recovery
of one motor cycle has been shown from the possession of the
applicant. He further submits that there is no independent witness of the
alleged recovery. He further submits that the applicant has no criminal
history and is in Jail since 27-3-2010.
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 Mohd. Usman @ Usman Khan involved in Case
Crime No. 280 of 2010 under Section 379, 411, IPC, P.S. Shahganj,
District Jaunpur 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 :- 2.7.2010
IA