Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
The present bail application has been filed by the applicant in case crime No. 268 of 2011, under Sections 394, 395 and 412 IPC, police station Erach, District Jhansi with the prayer to enlarge him on bail.
It is contended by the learned counsel for the applicant that the applicant is not named in the first information report and the name of the applicant came into light in the statement of the co-accused. Learned counsel for the applicant further contended that no recovery, as alleged, has been effected from the applicant nor there is any independent witness of the alleged recovery. It is further contended by learned counsel for the applicant that co-accused Dharmendra Singh Lodhi (Rajpoot) has already been granted bail by another Bench of this Court vide order dated 28.2.2012, passed in Criminal Misc. Bail Application No. 25979 of 2011, copy of which order has been filed as annexure-5 to the affidavit accompanying the bail application. It is next contended that the applicant has no criminal history prior to lodging of the present case and he is in jail since 09.7.2012 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Harendra Singh Lodhi, involved in case crime No. 268 of 2011, under Sections 394, 395 and 412 IPC, police station Erach, District Jhansi be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
1. the applicant shall not tamper with the prosecution evidence;
2. the applicant shall not pressurize the prosecution witnesses;
3. the applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be vacated.
Order Date :- 25.9.2012 faraz