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 in the case. He further submits that recovery of one knife and a Motorcycle have been falsely shown from the possession of applicant. There is no independent witness of said recovery. Except one case there is no criminal history and is in jail since 18.8.2009.
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 applicant has made out a case for bail.
Let the applicant is involved in Case Crime No. 1234 of 2009 under Section 4/25 Arms Act and in case crime no. 1211 of 2009, under Sections 379, 411 and 413 I.P.C., P.S.Siddhartha Nagar, District Siddhartha 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 shall not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour.
(iv) The applicant shall cooperate in the early conclusion of the trial and will not seek any unnecessary adjournment.
In case of breach of any of the above conditions , the court below shall be at liberty to cancel the bail.
Order Date :- 4.1.2010 (F.H.)