Heard learned counsel for the applicants, learned A.G.A. and perused the record.
Learned counsel for the applicants submits that the applicants have been falsely implicated. It is further submitted by learned counsel for the applicants that in the present case co accused Sant Lal Pasi, whose case stands on the same footing, has been granted bail by this court on 22.12.2009 in Criminal Misc. Bail Application No. 26793 of 2009 and has claimed parity. This fact has not been disputed by the learned A.G.A. He further submits that the applicants have no criminal history and are in Jail since 14.08.2009.
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 applicants Basant Lal Pasi and Mahant Lal Pasi involved in Case Crime No. 295 of 2009 under Sections 41/102/411 I.P.C. and 3/5 U.P. Electric Wire and Transformers (Prevention and Punishment are Theft) Act, 1976 P.S. Puramufti, District-Kaushambi 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 applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurise/ intimidate the prosecution witness.
(iii)The applicants will appear before the trial court on the date fixed.
(iv)The applicants 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 :- 12.1.2010 MLK/S