Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11765 of 2010 Petitioner :- Waseem Respondent :- State Of U.P. Petitioner Counsel :- Imran Ullah,Naveen Kumar Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Learned counsel for the applicant has filed supplementary affidavit wherein
he has tried to explain the criminal history of the applicant.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. He further submits that the
applicant has not committed any theft of electricity and the false recovery of
transformer coil has been shown from his possession. There is no
independent witness of the recovery. He further submits that there is no
chance of the applicant’s fleeing away from the judicial process or tampering
with the prosecution evidence. The applicant is in jail since 18.2.2010.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Waseem involved in Case Crime No. 148 of 2010, under
Sections 136, 137 of the Electricity Act, P.S. Shahpur, District Muzaffar
Nagar be released on bail on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned with the
following conditions;
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 6.7.2010
vinay