Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19648 of 2010 Petitioner :- Raju @ Rajuddin Respondent :- State Of U.P. Petitioner Counsel :- Akshya 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 false
recovery of tractor is alleged to have been shown from the joint possession of
the applicant and three other co-accused. There is no independent witness of
the recovery. He further submits that there is no chance of the applicant’s
fleeing away from the judicial process or tampering with the prosecution
evidence. The applicant is in jail since 13.3.2010.
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 @ Rajuddin involved in Case Crime No. 21 of 2010,
under Sections 392, 411 I.P.C., P.S. Mandawar, District Bijnor 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 :- 29.7.2010
vinay