Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11860 of 2010 Petitioner :- Wahid Ali Respondent :- State Of U.P. Petitioner Counsel :- Sanjay Dwivedi Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application has been filed on behalf of the applicant, Wahid Ali son of
Zahid Ali involved in Case Crime No. 49 of 2010, under Sections-379, 511,
307, 308 I. P. C., Police Station-Mainather, District-Moradabad for being
enlarged on bail during the pendency of the trial.
It has been contended by learned counsel for the applicant that the applicant is
absolutely innocent and has falsely been implicated in the instant case. He has
next contended that neither he was arrested on the spot nor any recovery was
made from him,as alleged in the first information report, as there is no
credible evidence to corroborate the incident as described in the first
information report.
It has next been contended that the applicant who is in jail since 13.2.2010, is
entitled to be enlarged on bail.
The prayer for bail has vehemently been opposed by the learned A. G. A. and
submitted that the applicant has long criminal history of four cases.
To this, learned counsel for the applicant has submitted that the applicant in
all the four cases has been enlarged on bail.
Considering the submissions made by counsel for the applicant and the fact
that the applicant has been enlarged on bail, this Court without expressing
any opinion on the merits of the case, is of the view that the applicant is
entitled to be enlarged on bail .
Let the applicant, Wahid Ali, son of Zahid Ali involved in Case Crime No.
49 of 2010, under Sections-379, 511, 307, 308 I. P. C., Police Station-
Mainather, District-Moradabad be released on bail on his executing a personal
bond and furnishing two sureties each in the like amount to the satisfaction of
the court concerned subject to the following conditions:-
1. The applicant shall record her attendance before the concerned C. J. M. on
the 7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall co-operate in the early conclusion of the trial and will
not seek any unnecessary adjournment.
Order Date :- 19.7.2010
HR