Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1175 of 2010 Petitioner :- Mukesh Kushwah Respondent :- State Of U.P. Petitioner Counsel :- Dr. G.S.D. Mishra,Ramesh Upadhyay Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, 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 false
recovery of one Motor cycle and Rs.4500/- has been shown from the joint
possession of the applicant and the co accused . It is submitted that the money
infact belong to the applicant. There is no public witness of the alleged
recovery. It is further submitted that the applicant does not have any criminal
history. The applicant is in Jail since 22-6-2009.
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 Mukesh Kushawah involved in Case crime no.393 of 2009
under section 392, 411 IPC, Police Station 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 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