Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6685 of 2010 Petitioner :- Shadab Respondent :- State Of U.P. Petitioner Counsel :- Haji. S. Kamal Khan,Sumit Pandey Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Counter affidavit filed today be kep-t on record.
Heard learned counsel for the applicant and learned AGA for the State.
It is contended by learned counsel for the applicant that the applicant is
absolutely innocent and he has been falsely implicated in the instant case It is
next contended that no arm was recovered from the applicant. His bail has
been rejected on the ground that he did not appear before the Court below
despite being summoned. It is further contended that reasons for non
appearance have been explained in paras 8 and 9 of the affidavit of this
application. It has lastly been contended that the applicant has no criminal
history to his credit and is in jail since 15.2.2010.
Learned AGA opposed the prayer for bail.
Keeping in view the nature of offence, severity of punishment, reasonable
apprehension of tampering with the evidence, prima facie satisfaction
regarding proposed evidence and genuineness of the prosecution case,
submissions made by the learned counsel for the applicant and without
expressing any opinion on the merits of the case, this Court is of the view that
the applicant is entitled to be enlarged on bail during the pendency of the
trial..
Let the applicant Shadab involved in Sessions Trial No.526 of 2004 arising
out of Case crime No. 754 of 2004 under Section 4/25 Arms Act., P.S. Civil
Lines, District Rampur be released on bail on his executing a personal bond
and furnishing two sureties each in the like amount to the satisfaction of the
court concerned subject to the following conditions :-
1. The applicant shall record his attendance before the concerned CJM on
the 7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall co-operate in the early conclusion of the trial and
will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial Court will be at
liberty to cancel the bail.
Order Date :- 3.8.2010
Pk