Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16941 of 2010 Petitioner :- Sachin Respondent :- State Of U.P. Petitioner Counsel :- Sarvesh Bharti 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. He further submits that false
recovery of Motorcycle has been shown from the possession of the
applicant. It is further submitted that there is no independent witness of
the alleged recovery. He further submits that the co- accused Bablu has
already been granted bail by this Court on 15-12-2009 in Crl. Misc. Bail
Application No.32219 of 2009, from whom mobile phone, A.T.M.Card
and cash of Rs.1200/- were recovered. He further submits that the
applicant has no criminal history and is in Jail since 16-9-2009.
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 Sachin involved in Case Crime No. 719 of 2009
under Section 394, 411, IPC, P.S. Vjijay Nagar, District Ghaziabad 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
IA