Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17193 of 2010 Petitioner :- Raju Batla @ Raj Raikwar Respondent :- State Of U.P. Petitioner Counsel :- Sanjay Kumar Singh,Abhishek Kumar 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 the
applicant was not named in the FIR and false recovery of one idol of Lord
Adinath weighing about 9 Kg. has been shown from the possession of the
applicant, and there is no independent witness of the recovery. He further
submits that in the FIR, it was alleged that an idol of Lord Adinath weighing
about 6 Kg. was stolen, on the contrary, the weight of the idol, which is said
to have been recovered from the possession of the applicant, is 9 kg. which
does not corroborate the version of the FIR. 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 27.1.2010.
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 Raju Batla @ Raj Raikwar involved in Case Crime No. 1067
of 2009, under Sections 457 and 411 I.P.C., P.S. Banpur, District Lalitpur 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 :- 8.7.2010
vinay