Court No. - 28 Case :- BAIL No. - 5471 of 2010 Petitioner :- Vishwanath Respondent :- The State Of U.P. Petitioner Counsel :- J.P. Yadav Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the applicant and learned AGA and perused the
record.
The learned counsel for the applicant submitted that the brother of the
applicant had given a report dated 05.06.2010 to the Superintendent of Police,
Kaushambi against the illegal arrest of the applicant and a copy thereof is
filed as annexure no. 1 to the petition. The recovery of the instant case was
allegedly made on 06.06.2010, therefore, the recovery becomes doubtful. The
applicant is innocent and the recovery has been planted against the applicant
by the Police to harass him.
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 the offence, evidence, complicity of the
accused, the severity of the 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 Vishwanath involved in Case Crime No. 129 of 2010, under
sections 41/413 IPC, P.S. Mandhata, P.S. Pratapgarh be released on bail on
his furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the Chief Judicial Magistrate concerned.
Order Date :- 22.7.2010
shailesh