Court No. - 32 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16059 of 2010 Petitioner :- Waseem Respondent :- State Of U.P. Petitioner Counsel :- K.D. Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the applicant Waseem and learned AGA for the
State.
Accused applicant has applied for bail in Case crime No.616 of 2009 under
section 364 IPC P.S.Cantt. District Bareilly.
Itis contended by learned counsel for the applicant that he is not named in the
FIR and no recovery has been made from his possession. No co-accused has
named him. He has been falsely implicated in this case on the basis of
confessional statement.
Learned AGA has opposed the prayer for bail of the applicant and argued that
there is long criminal history of the accused and six criminal cases are said to
lhave been reistered against him.
Considered the submissions made by learned counsel for the parties and
considering the fact that the co-accused of this case have already been granted
bail either by this court or by trial court earlier and all the criminal cases
shown to his credit related to the year 2009 and considering the nature of
offence and evidence available on record so far, without expressing any
opinion on the merits of the case, I am of the view that the applicant is entitled
to be enlarged on bail.
Let the applicant Waseem involved in the above case crime , be released on
bail on his executing personal bond and furnishing two sureties each in the
like amount to the satisfaction of Court concerned on the condition that he
will appear before the police station in the first week of every month to show
his conduct and he will not tamper with the evidence.
Order Date :- 28.6.2010
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