Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1593 of 2010 Petitioner :- Mukesh Kumar Respondent :- State Of U.P. Petitioner Counsel :- Rajendra Kumar 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 the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
the applicant is alleged to have fired upon the police party but no body had
received any injury, as such it is a case of no injury.He further submits that
the applicant has no criminal history and is in jail since 22.9.09.
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 Mukesh Kumar involved in Case Crime No.437 of 2009
under Section 307 I.P.C., P.S. Iradat Nagar, District Agra 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 :- 21.1.2010
MLK