Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2204 of 2010 Petitioner :- Yasin Respondent :- State Of U.P. Petitioner Counsel :- Lalit Srivastava Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated, and false recovery of one mobile
set, one country made pistol and two live cartridges are alleged to have been
shown from the possession of the applicant. He further submits that on the
very same day two more cases were registered against the applicant. There is
no independent witness of the recovery. He further submits that the
applicant has got no criminal history except the aforementioned cases and
there is no chance of his fleeing away from the judicial process or tampering
with the prosecution evidence. The applicant is in jail since 16.5.09.
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 Yasin involved in Case Crime No. 355 of 2009, under
Sections 394 & 412 I.P.C., P.S. Sikandara, District Agra 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 :- 29.1.2010
vinay
