Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19097 of 2010 Petitioner :- Pawan Kumar Respondent :- State Of U.P. Petitioner Counsel :- Vikrant Pandey,Madan Kr. 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.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. He further submits that false
recovery of Rs. 7,000/- 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 there is no chance
of his fleeing away from the judicial process or tampering with the
prosecution evidence. The applicant is in jail since 15.6.2010.
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 Pawan Kumar involved in Case Crime No. 367 of 2010,
under Sections 379, 411 I.P.C., P.S. Gandhi Park, District Aligarh 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 :- 26.7.2010
vinay