Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19297 of 2010 Petitioner :- Mukesh Respondent :- State Of U.P. Petitioner Counsel :- M.C. Tiwari,Kiran Tiwari 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 has been falsely
implicated. It is further submitted by learned counsel for the applicant that in
the present case co accused Sandeep, whose case stands on the same footing,
has been granted bail by this court on 24.06.2010, in Criminal Misc. Bail
Application No. 15862 of 2010 and has claimed parity. This fact has not been
disputed by the learned A.G.A. He further submits that the applicant has no
criminal history and is in Jail since 09.02.2010.
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 Mukesh involved in Case Crime No. 42 of 2010, under
Section 380/411 IPC, P.S. Kotwali Nagar, District Etah 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/v.k.updh.