Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1859 of 2010 Petitioner :- Nitin Respondent :- State Of U.P. Petitioner Counsel :- K.K. Dwivedi 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 in the case. He further submitted that
false recovery of a Tractor is alleged to have been shown from the possession
of the applicant and there is no public witness of the recovery. He further
submits that the applicant has got no criminal history to his credit and there
are no chances of his fleeing away from the judicial process or tampering with
the prosecution evidence, and is in Jail since 2.10.2009.
In view of the facts and circumstances of the case and submissions made by
learned counsel for the applicant and learned A.G.A. and without expressing
any opinion on the merits of the case the applicant is entitled to be released on
bail.
Let the applicant Nitain involved in Cas e Crime No.733 of 2009 under
Sections 394 I.P.C , P.S. Uttar , District Firozabad 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 :- 25.1.2010
MLK