Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11606 of 2010 Petitioner :- Sushil Kumar Mishra Respondent :- State Of U.P. Petitioner Counsel :- I.K. Chaturvedi Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and the learned AGA.
It has been contended by learned counsel for the applicant that the applicant
had deposited the government cheques for disbursement of old age pension in
the account of Sandeep Kumar, Kamla Pati Pandey and Rajesh Kumar Pandey
in the discharge of his official duty under the written letters of District
Wellfare Officer. It was next contended that District Wellfare Officer has
disowned the issuing of the letters so directing the applicant to deposit the
amount payable under the cheques without getting his signatures on the said
letters verified. It was next contended that the persons in whose account the
amount payable under the cheque was deposited have been enlarged on bail
by this Court vide order dated 23.4.2010. It was next contended that the
applicant, who is in jail since 19.3.2010 has no criminal history and hence he
deserves to be enlarged on bail.
The aforesaid factual position is not disputed by the learned AGA.
Considering the nature of submissions made by learned counsel for the
applicant, this Court is of the view that the applicant is entitled to be enlarged
on bail during the pendency of the trial.
Let the applicant Sushil Kumar Mishra involved in case crime no. 112/2010,
under Sections 419, 420, 467, 409, 468 I.P.C., P.S. Kotwali, District Ballia be
released on bail on his executing a personal bond and furnishing two sureties
each in the like amount to the satisfaction of the court concerned subject to
the following conditions:-
1. The applicant shall record his attendance before the concerned C.J.M. 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 :- 16.6.2010
AKG/-