Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2332 of 2010 Petitioner :- Vimal Kumar Respondent :- State Of U.P. Petitioner Counsel :- Rinki Gupta 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 is innocent and
has been falsely implicated. It is further submitted by learned counsel for the
applicant that in the present case co accused Rohit Kumar, whose case stands
on the same footing, has been granted bail by this Court on 19.1.2010 in
Criminal Misc. Bail Application No. 747 of 2010 and has claimed parity. This
fact has not been disputed by the learned A.G.A. He further submits that the
applicant has no criminal history and is in Jail since 23.10.09.
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 Vimal Kumar involved in Case Crime No. 615 of 2009,
under Sections 407 & 411 IPC, P.S. Surajpur, District Gautam Budh 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 :- 1.2.2010
vinay