Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33148 of 2009 Petitioner :- Pramod Alias Raju Sharma Respondent :- State Of U.P. Petitioner Counsel :- Harish Chandra Mishra 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 in the case.
He further submits that in fact the applicant was arrested from his
house and false recovery has been shown from the possession
of the applicant. There is no independent witness of the recovery.
He further submits that the applicant has no criminal history and
is in jail since 21.01.2008.
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 is involved in Case Crime No. 62 of 2008 under
Sections 457, 380, 411 I.P.C., P.S. Kotwali, District Jhansi 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 shall not tamper with the evidence during the
trial.
(ii) The applicant will not pressurise/ intimidate the
prosecution witness.
(iii) The applicant shall report to the police station concerned in
the first week of each month to show his good conduct and
behaviour.
(iv) The applicant shall cooperate in the early conclusion of the
trial and will not seek any unnecessary adjournment.
In case of breach of any of the above conditions , the court
below shall be at liberty to cancel the bail.
Order Date :- 5.1.2010
F.H.
