Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19120 of 2010 Petitioner :- Rizwan @ Chand Respondent :- State Of U.P. Petitioner Counsel :- Onkar 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.
Learned counsel for the applicant submits that the applicant is innocent and
has been falsely implicated. It is further submitted by learned counsel for the
applicant that in the present case co accused Kayyum, whose case stands on
the same footing, has been granted bail by this Court on 8.6.2010 in Criminal
Misc. Bail Application No. 14287 of 2010 and has claimed parity. This fact
has not been disputed by the learned A.G.A. He further submits that except
one case, the applicant has no criminal history and is in Jail since 2.7.2010.
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 Rizwan @ Chand involved in Case Crime No. 108 of 2010,
under Sections 3/5/8 C.S. Act, Sections 332 and 353 IPC, P.S. Ratanpuri,
District Muzaffarnagar 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