Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20692 of 2010 Petitioner :- Sunil Respondent :- State Of U.P. Petitioner Counsel :- Kapil Tyagi 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 Sudhir, whose case stands on the same footing,
has been granted bail by this court on 14.07.2010, in Criminal Misc. Bail
Application No. 17821 of 2010 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 28.04.2010.
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 Sunil involved in Case Crime No. 405 of 2010, under
Sections 379, 411 IPC, P.S. Kasna, District Gautam Buddh Nagar 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 :- 6.8.2010
Vinay/v.k.updh.