Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 320 of 2010 Petitioner :- Robin Respondent :- State Of U.P. Petitioner Counsel :- S. D. Dwivedi,Navin 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. Applicant is a driver of Tata 407
No. HR 38 BG-4054, and has no concerned with the recovered liquor.
Learned counsel for the applicant has submitted that the applicant has got no
criminal history and is jail since 4.11.2009.
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.
Let the applicant- Robin, involved in Case Crime No. 802 of 2009, under
Sections 60(1)(E) 63/72 Excise Act and sections 272,273, 420 I.P.C., P.S.
Sikandrabad, District Bulandshahar 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 :- 6.1.2010
Salim