Allahabad High Court
Gole Pasi vs State Of U.P. on 15 July, 2010
Author: Shashi Kant Gupta
Bench: Shashi Kant Gupta
Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18059 of 2010 Petitioner :- Gole Pasi Respondent :- State Of U.P. Petitioner Counsel :- Awadhesh Kumar Sharma,Indresh Chandra 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 is innocent and has been falsely implicated. It is further submitted by learned counsel for the applicant that the present prosecution has been launched only to harass and victimize the applicant. The applicant was not named in the F.I.R. and after four months the applicant has been arrested.The applicant has already been granted bail by the court below in connected four cases, the bail orders to the effect has been filed as Annexure Nos.2 to 5 to the affidavit filed alongwith the bail application. He further submits that the applicant has no criminal history and is in Jail since 19.3.2010.
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 Gole Pasi involved in Case Crime No. 388 of 2009 under Section 379, 427 I.P.C. and Section 136 of Electricity Act, P.S. Sarai Inayat, District Allahabad 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 :- 15.7.2010 Kpy