Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11141 of 2010 Petitioner :- Shahzad Respondent :- State Of U.P. Petitioner Counsel :- N.I.Jafri Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned AGA for the State.
Learned counsel for the applicant contended that the applicant is absolutely
innocent and has been falsely implicated in the instant case. So far as the
complicity of the applicant as a participant in the crime is concerned, the
prosecution version is based totally upon the recovery of Rs.350/- from the
possession of the applicant which is said to be stolen money although the said
money belonged to the applicant. He lastly contended that the applicant who
has no criminal antecedents to his credit is in jail since 15.3.2010, thus the
applicant is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned AGA.
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 Shahzad involved in Case Crime No. 199 of 2010, under
Section 379, 411 IPC, P.S. Sadar Bazar, District Meerut 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:-
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 :- 27.7.2010
Pk