Allahabad High Court High Court

Uttam And Others vs State Of U.P. on 8 July, 2010

Allahabad High Court
Uttam And Others vs State Of U.P. on 8 July, 2010
Court No. - 51

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17181 of 2010

Petitioner :- Uttam And Others
Respondent :- State Of U.P.
Petitioner Counsel :- Bhual Vishwakarma
Respondent Counsel :- Govt Advocate

Hon'ble Shashi Kant Gupta,J.

Heard learned counsel for the applicants, learned A.G.A. and perused the
record.

Learned counsel for the applicants submits that the applicants have been
falsely implicated. It is further submitted by learned counsel for the applicants
that in the present case co accused Amar Nath, whose case stands on the same
footing, has been granted bail by this court on 26.05.2010, in Criminal Misc.
Bail Application No. 12528 of 2010 and has claimed parity. This fact has not
been disputed by the learned A.G.A. He further submits that the applicants
have no criminal history and are in Jail since 08.06.2010.

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 applicants have made out a case for bail.

Let the applicants Uttam, Samai, Udai Raj and Shashi Kant involved in Case
Crime No. 301 of 2010, under Sections 363, 366, 376 IPC, P.S. Sikrara,
District Jaunpur be released on bail on their 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 applicants will not tamper with the evidence during the trial.

(ii) The applicants will not pressurise/ intimidate the prosecution witness.

(iii)The applicants will appear before the trial court on the date fixed.

(iv)The applicants 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 :- 8.7.2010
Vinay/v.k.updh.