Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19632 of 2010 Petitioner :- Santosh Kavi Respondent :- State U.P. Petitioner Counsel :- Sanjai Kumar Pandey,Anwar Ali 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 has been falsely
implicated. It is further submitted by learned counsel for the applicant that in
the present case co accused Munna Verma, whose case stands on the same
footing, has been granted bail by this court on 05.07.2010, in Criminal Misc.
Bail Application No. 29539 of 2009 and has claimed parity. This fact has not
been disputed by the learned A.G.A. He further submits that the applicant is
in Jail since 29.03.2009.
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 Santosh Kavi involved in Case Crime No. 62 of 2009,
Criminal Case No. 514 of 2009, under Sections 363, 366, 376 IPC, P.S.
Dubbar, District Ballia 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 :- 29.7.2010
Vinay/v.k.updh.