Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12793 of 2010 Petitioner :- Rahees And Another Respondent :- State Of U.P. Petitioner Counsel :- Ashwini Kumar Srivastava,M.K. Srivastava Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicants and learned AGA for the State.
It has been contended that the applicants are absolutely innocent and they
have been falsely implicated in the present case. He also contended that there
is no evidence on record that the sum of Rs. 535/- recovered from the
applicants was stolen property although the said money belonged to the
applicants. It has lastly been contended that applicants have no criminal
antecedents to their credit and they are in jail since 19.4.2010 and hence, the
applicants are entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned AGA.
Keeping in view the nature of offence, severity of punishment, reasonable
apprehension of tampering with the evidence, prima facie satisfaction
regarding proposed evidence and genuineness of the prosecution case,
submissions made by the learned counsel for the applicants and the fact that
the applicants have no criminal history, this Court is of the view that the
applicants are entitled to be enlarged on bail during the pendency of the trial.
Let the applicants Rahees, Khalid involved in case Crime No.235 of 2010
under Sections 379, 411 IPC. P.S. Civil Lines, District Meerut be released on
bail on their furnishing a personal bond with two sureties each in the like
amount to the satisfaction of the court concerned.
Order Date :- 27.7.2010
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