Heard learned counsel for the applicants, 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. It is further submitted that false recovery of one Car and six Motor cycles have been shown from the possession of the applicant and one co- accused. . There is no public witness of the incident. It is further submitted that the applicant has already been granted bail in Case crime no.608 of 2009 under section 379 and 401 IPC, P.S.Kotwali district Farrukhabad and also in Case crime no.579 of 2009 under section 379 IPC, P.S.Farrukhabad on 11-6-2009 by the Court below in Bail application No.685 of 2009. It is further submitted that the applicant has also been granted bail in Case crime no.501 of 2009 under section 379, 411 IPC, Police station Quarsi district Aligarh. It is further submitted that on the very same day the Police has registered four cases against the applicant and apart from the aforesaid cases the applicant does not have any criminal case. The applicant is in Jail since 23-5-2009. There is scanty chance of his fleeing away from the judicial process or tampering with the prosecution evidence. Thus he is entitled to be released on bail.
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 Anup Mishra @ Annu Pandit involved in Case crime no.Nil of 2009 under section 41/411 IPC, Police Station Farrukhabad district Farrukhabad 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 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 :- 25.1.2010 IA