Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7815 of 2010 Petitioner :- Vidya Ratan Respondent :- State Of U.P. Petitioner Counsel :- S. S. Shah Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
As per prosecution story in the intervening night of 15/16.2.2010 at about
1.00 A.M. the accused applicant along with the other co accused committed
theft of a she -buffalo and they were caught hold red handed on the spot.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
the applicant belongs to the District Baghpat and he was an employee of the
Nagar Nigam Mawana . He further submits that the applicant had gone to the
house of the co accused to attend a function at his house and while returning,
on the way to his house, when he reached near the house of the complainant
some heated exchange of words took place which led to filing of the F.I.R. He
further submits that , in fact, no theft of any buffalow, as alleged by the
prosecution, was ever committed by the applicant and has been falsely
implicated by concocting absolutely a false and fabricated story malafide with
a view to harass and victimise him. He further submits that the applicant has
got no criminal history to his credit and there are no chances of his fleeing
away from the judicial process or tampering with the prosecution evidence,
and is in jail since 16.2.2010.
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 Vidya Ratan involved in Case Crime No.76 of 2010 under
Sections 379, 411 I.P.C., P.S. Hastinapur, District Meerut 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 :- 2.4.2010