Court No. - 28 Case :- BAIL No. - 5496 of 2010 Petitioner :- Vinay Kumar Tiwari Respondent :- State Of U.P. Petitioner Counsel :- Raghvendra Mishra,Shailendra Kumar Singh Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Counter affidavit filed on behalf of State is taken on record.
Heard the learned counsel for the applicant, the learned AGA and perused the
record.
The learned counsel for the applicant submitted that in fact 598 bags cement
was recovered from the truck no. U.P.70X/9671 and the police wanted certain
bags of cement free of cost which neither the applicant nor the owner of the
cement was agreeable. It was further submitted that the police planted
recovery to implicate the applicant. No public witness was called nor present
at the time of alleged recovery. The applicant is in jail from 30.5.2010.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of offence and evidence, complicity of the
accused, the severity of punishment and submissions of the learned counsel
for the applicant and the learned AGA, I am of the view that the applicant has
made out a case for bail.
Let the applicant Vinay Kumar Tiwari involved in the case crime no.86 of
2010 under sections 419, 420, 463, 468 IPC and sections 63/68 of the Copy
Right Act, police station Nawabganj, district Pratapgarh, be released on bail
on his furnishing a personal bond and two sureties each in the like amount to
the satisfaction of the CJM concerned.
Order Date :- 28.7.2010
RKSh