Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16889 of 2010 Petitioner :- Rinku Respondent :- State Of U.P. Petitioner Counsel :- Bhuvnesh 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 learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. He further submits that the
applicant has already been granted bail by this Court in the present Case
Crime No. 749 of 2009, under Sections 363, 364, 366, 376 and 147 IPC. He
further submits that the charge sheet was, in fact, filed under Section 376 (g)
but due to mistake, the trial court had earlier rejected the bail application of
the applicant under Section 376 IPC instead of 376 (g) IPC. Now the bail
application of the applicant has been rejected by the trial court under Section
376 (g) IPC.
In view of the facts and circumstances of the case and 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 Rinku involved in Case Crime No. 749 of 2009, S.T. No.
168 of 2010, under Sections 376 (g) I.P.C., P. S. Dhampur, 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 :- 6.7.2010
vinay