Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 283 of 2010 Petitioner :- Ramesh Chamar Respondent :- State Of U.P. Petitioner Counsel :- Pawan Kumar Srivastava 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 learned counsel for the applicant that the applicant is
innocent and has been falsely implicated with malafidely and ulterior motive.
It is further submitted that false recovery of one country made pistol has been
shown from the possession of the applicant. No independent public witnesses
was present at the time of alleged recovery. There was no criminal history
against the applicant and he is in jail since 14.11.2009.
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.
In view of the facts and circumstances of the case and submissions made by
learned counsel for the applicant and learned A.G.A. and without expressing
any opinion on the merits of the case the applicant is entitled to be released on
bail.
Let the applicant- Ramesh Chamar, involved in Case Crime No. 289 of 2009
under Section 3/5/25 Arms Act, P.S. Husenganj, 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.
Order Date :- 6.1.2010
Salim