Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34753 of 2009 Petitioner :- Suresh Respondent :- State Of U.P. Petitioner Counsel :- Satish Kumar Tyagi Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
and perused the material placed on record.
Applicant- Suresh seeks bail in Case Crime No. 1288 of
2009 under Sections 392 and 411 I.P.C., Police Station
Sihanigate, District Ghaziabad.
Submissions have been made on behalf of the applicant that
the applicant is not named in the F.I.R. His complicity as a
participant in the crime is based upon the recovery of one
golden ring and Rs.1700/- alleged to be looted property after
12 days from the date of incident. He further contends that
there has been no effort to hold identification parade as
required under the law and none has received any injury in
the present incident. He has also submitted that applicant is
in jail since 24.8.2009 and the trial has not commenced
which is likely to take sometime to conclude and moreover,
there is no criminal history to his credit.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of
punishment, reasonable apprehension of tampering the
witnesses, prima facie, satisfaction regarding proposed
evidence and genuineness of the prosecution case were
dully considered.
Considering totality of circumstances of the case, I
consider it a fit case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case,
let the applicant-Suresh involved in aforesaid crime be
released on bail on his furnishing a personal bond of Rs.
25,000/- and two sureties each in the like amount to the
satisfaction of the court concerned with the following
conditions that;
1. The applicant shall not tamper with the prosecution
evidence by intimidating the witnesses.
2. He shall cooperate with the investigation and speedy
trial.
3. He shall not indulge in any criminal activity or
commission of any crime after being released on
bail..
Order Date :- 13.1.2010
MN/-