Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19346 of 2010 Petitioner :- Mustafa Respondent :- State Of U.P. Petitioner Counsel :- Sunil Vashisth 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 Umardeen and Hameed, whose case stand on the
same footing, have been granted bail by this court on 16.06.2010, in Criminal
Misc. Bail Application No. 15003 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 09.01.2010.
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 Mustafa involved in Case Crime No. 2503 of 2009, under
Sections 395, 412 IPC, P.S. Sahibabad, 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/v.k.updh.