Allahabad High Court
Ash Mohammad And Another vs State Of U.P. on 7 January, 2010
Author: Shashi Kant Gupta
Bench: Shashi Kant Gupta
Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 426 of 2010 Petitioner :- Ash Mohammad And Another Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Chaudhary Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated. It is further submitted that the co- accused Mohd. Javed has been granted bail by this Court on 22-12-2009 in Bail Application No. 34564 of 2009. The case of the applicants stands on same footing and claimed parity . It is not disputed by the learned AGA. The applicants are in Jail since 06-11-2009. 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 applicants have made out a case for bail Let the applicant Ash Mohammad and Mashroor involved in Case crime no.720 of 2009 under section 5/25 of the Arms Act , Police Station Sashani Gate district Aligarh be released on bail on their 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 shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ 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 behaviour.
In case of breach of any of the above mentioned conditions the court below shall be at liberty to cancel the bail.
Order Date :- 7.1.2010 IA