Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19083 of 2010 Petitioner :- Raju Lodhi Respondent :- State Of U.P. Petitioner Counsel :- Shyam Sunder 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. He further submits that false
recovery of one gold chain 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 5.5.2010.
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 Lodhi involved in Case Crime No. 58 of 2010, under
Sections 379, 411 I.P.C., P.S. Husainganj, District Fatehpur 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