Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2002 of 2010 Petitioner :- Virendra Chaudhary Respondent :- State Of U.P. Petitioner Counsel :- Abhishek Srivastava Respondent Counsel :- Govt Advocate Hon'ble Amar Saran,J.
Heard the learned counsel for the applicant and the learned A.G.A.
for the State.
It is argued by the learned counsel for the applicant that the
applicant was not named in the F.I.R. and one Brahma Lohar was
named in the F.I.R., whose case is distinguishable from the case of
the applicant. The similarly placed co-accused Abhishek Tiwari
has been granted bail by an earlier order dated 22.12.2009 passed
by Hon’ble Ravindra Singh, J and like Abhishek Tiwari, the
applicant was not named in the F.I.R., nor put up for identification,
nor any stolen property was recovered from him and his name was
disclosed by Shiv Kumar Rungta alias Munna during investigation
and also in the first statement of the brother of the deceased, which
was recorded on 12.9.2009, the applicant was not named, but only
on the subsequent statement, which was recorded on 15.9.2009,
the applicant had been named, but in the statement Abhisekh
Tiwari was given role of firing on the deceased and the applicant
was present on the motorcycle.
Learned A.G.A. has, however, argued that the applicant has a
criminal history of four cases. Learned counsel for the applicant
replied that those cases are very old and even Abhishek Tiwari was
granted bail, who was also having criminal antecedents and that
some conditions have been imposed on him.
Having heard the submissions of the learned counsel for the parties
and without expressing any opinion on the merits of the case, let
the applicant Virendra Chaudhary, involved in Case Crime No.
1073 of 2009, under sections 302, 394/34 IPC, Police Station
Ghughuli, district Mahrajganj, be released on bail on his furnishing
a personal bond and heavy sureties to the satisfaction of the Court
concerned with the following conditions:-
1. That the applicant shall not tamper with the evidence.
2. That he shall report to the P.S. concerned in the first week of
each month to show his good conduct and behaviour till
conclusion of the trial.
In case of default in any of the above conditions, the bail granted
to the applicant shall be deemed cancelled and he shall be taken
into custody forthwith.
Order Date :- 27.1.2010
HSM