Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34572 of 2009 Petitioner :- Niyaj Mohd Respondent :- State Of U.P. Petitioner Counsel :- Ram Raj Pandey,Sri.V.P.Srivastava Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard Sri V. P. Srivastava, Senior Advocate assisted by Sri Ram Raj Pandey,
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 neither
a purchaser nor seller nor witness of the deed. The role assigned to the
applicant is of conspiracy only. He has been falsely implicated due to enmity.
There does not appear to be any reasonable ground to believe that the
applicant will abscond if released on bail.
It is further submitted by learned counsel for the applicant that in the present
case co accused Afzal, whose case stands on the same footing, has been
granted bail by this court on 14.12.09 in Criminal Misc. Bail Application No.
32948 of 2009 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 8th July, 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 Niyaj Mohd involved in Case Crime No. 576 of 2009 ,
under Section .420, 467, 468, 471 IPC, P.S. Baghpat, District Baghpat 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 applicants 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 :- 4.1.2010
vinay