Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12811 of 2010 Petitioner :- Shyam Babu Respondent :- State Of U.P. Petitioner Counsel :- Brijesh Sahai,Sarvesh Kumar Dubey Respondent Counsel :- Govt Advocate,Sanjay Kumar Nigam Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the
State.
It is contended by the learned counsel for the applicant that the occurrence is
said to have been taken place on 25/26.09.2009 at mid night but FIR was
lodged on the next day at about 13:00 hours against unknown persons and the
distance of the police station from the place of occurrence is only 8 kms away
and thereafter statement of the witnesses, namely Kumari Aparna @ Kunti
Yadav and Priyanka (daughters of the deceased) were recorded under Section
161 Cr.P.C. before the I.O. in which the applicant was named. It is further
contended that recovery of Gandasa has been fabricated after about 5 days of
the incident. The applicant is in jail since 28.10.2009.
Learned Private counsel for the complainant contended that the applicant is
serving in military and the allegation made against him is of threatening and
demand of share in the property.
Considering the facts and circumstances of the case and submissions made by
the learned counsel for the applicant and without expressing any opinion on
the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Shyam Babu involved in Case Crime No. 487/2009, under
Section 302 IPC, P.S. Jahanganj, District Farrukhabad be released on bail on
his furnishing a personal bond with two sureties each in the like amount to the
satisfaction of the court concerned with the following conditions:-
1. The applicant shall not indulge in any such activity in future.
2. The applicant shall not pressurise/intimidate the prosecution witnesses and
evidence during trial.
3. The applicant will appear before the trial court on the date fixed.
In defiance of any of the aforesaid conditions, the court below will be at
liberty to cancel the bail of the applicant.
Identity, status and residence proof of the sureties be verified by the
authorities concerned before they are accepted.
Order Date :- 21.7.2010
Sunil Kr Tiwari