Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that in a police encounter case applicant was apprehended and recovery of one looted motor-cycle was shown from his possession. It is no injury case. There is no criminal history of applicant except one case shown under the Arms Act apart from the present case. He further submitted that applicant will not misuse the liberty of bail and he will not indulge in any such activities, if he is released on bail, hence applicant is entitled for bail. In the present case, the applicant is in jail since 2.7.2009.
In view of the above, without expressing any opinion on merit, let the applicant Balwant @ Rakesh be enlarged on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned in S.T. No.997 of 2009, Case Crime No.35 of 2009, under Sections 394, 411 and 307 IPC, P.S. Kanth, District Moradabad with the condition that applicant will appear by first week of each month at the police station concerned for supervision and to watch his conduct and behaviour.
Order Date :- 25.6.2010 Pramod