Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35849 of 2009 Petitioner :- Shanker Mallah Respondent :- State Of U.P. Petitioner Counsel :- Dinesh Kumar Yadav Respondent Counsel :- Govt Advocate Hon'ble Naheed Ara Moonis,J.
Heard, the learned counsel for the applicant the learned AGA for the
State and perused the record.
The present bail application has been moved by the applicant Shanker
Mallah in case crime no. 1855 of 2009, under Section 408 IPC, P.S.
Doharighat, district Mau with a prayer that he may be admitted to bail.
It is contended by the learned counsel for the applicant that a first
information report was registered on 16.10.2009 in respect of certain
irregularities committed by the applicant in distributing edibles to the
students of primary school. It is also contended by the learned counsel
for the applicant that no irregularities have been committed by him and
the applicant has been falsely implicated in this case. The first
information report is highly belated and no report whatsoever has been
received from the head master of the school. On the other hand learned
A.G.A. has opposed the bail application by contending that there is
active participation of the applicant and in case he is enlarged on bail he
will misuse the liberty of bail. The applicant is in jail since 5.12.2009.
Considering the facts and circumstances of the case and submission
made by the learned counsel for the applicant and without expressing
any opinion of the merits of the case, the applicant is entitled to be
released on bail.
Let the applicant Shanker Mallah involved in case crime no. 1855 of
2009, under Section 408 IPC, P.S. Doharighat, district Mau be enlarged
on bail, on his executing a personal bond and furnishing two heavy
sureties each in the like amount to the satisfaction of the court
concerned, with the following conditions:-
(i)The applicant will not indulge in any such activity in future.
(ii)The applicant will not pressurise/ intimidate the prosecution witnesses
and tamper evidence during trial.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of the above conditions, the court below shall be at
liberty to cancel the bail.
Order Date :- 22.1.2010
Shahnawaz