Allahabad High Court
Netrapal Singh vs State Of U.P. on 27 January, 2010
Author: Shashi Kant Gupta
Bench: Shashi Kant Gupta
Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2018 of 2010 Petitioner :- Netrapal Singh Respondent :- State Of U.P. Petitioner Counsel :- R. B. Sahai,Ram Babu Sharma Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that the applicant has been falsely implicated. It is further submitted by learned counsel for the applicant that in the present case co accused Kali Charan, whose case stands on the same footing, has been granted bail by this Court on 11.11.09 in Criminal Misc. Bail Application No. 29664 of 2009 and has claimed parity. This fact has not been disputed by the learned A.G.A. He further submits that the applicant has got no criminal history and is in Jail since 3.6.09.
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 Netrapal Singh involved in Case Crime No. 410 of 2009, under Section 376 IPC, P.S. Khair, District Aligarh 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 :- 27.1.2010 vinay