Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17131 of 2010 Petitioner :- Rajesh Respondent :- State Of U.P. Petitioner Counsel :- Ashok Kumar Singh 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 gas cylinders is alleged to have been shown from the possession
of the applicant and there is no independent witness of the recovery. He
further submits that the present prosecution has been launched against the
applicant just to victimise and harass the applicant. 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 4.4.2010.
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 Rajesh involved in Case Crime No. 144 of 2010, under
Section 3/7 Essential Commodities Act, P.S. Kalyanpur, District Kanpur
Nagar 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 :- 7.7.2010
vinay