Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 882 of 2010 Petitioner :- Nadim Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Kumar Pandey 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 learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. Learned counsel for the applicant
further submits that the FIR has been lodged after a delay of 53 days. He
further submits that false recovery of one motor cycle is alleged to have been
shown from the possession of the applicant. There is no independent witness
of the recovery. He further submits that the applicant has got no criminal
history and is jail since 21.9.09.
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 Nadim involved in Case Crime No. 661/202 of 2009, under
Sections 379 & 411 I.P.C., P.S. Kotwali, Dehat ROP-Nai Mandi, District
Bulandshahar 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 :- 11.1.2010
vinay