Applicant-Hemsagar Jaiswal seeks bail in Case Crime No. 943 of 2009, under Sections 419, 420, 467, 468, 387 and 506 I.P.C., Police Station Siddharth Nagar, District Siddharth Nagar.
Heard Shri Tri Purari Sharan Shukla, learned counsel for the applicant, learned AGA for the State as well as Shri Prabhakar Dubey, learned counsel for the informant and perused the material placed on record. It is contended by the learned counsel for the applicant that initially the case was registered under Section 506 IPC in N.C.R but during the course of investigation, the case was converted under Sections 387, 419, 420, 467 and 468 I.P.C. It is further contended that the applicant is alleged to have been arrested from the shop of co-accused Tejendra Singh @ Duke Singh and, in fact, he has got no concern with the alleged incident. It is further contended that under the similar set of circumstances co-accused- Tejendra Singh @ Duke Singh has been granted bail by this Court today, i.e., 2.2.2010 vide Criminal Misc. Bail Application No.27056 of 2009. He further submits that the applicant is in jail since 4.7.2009 and trial has not commenced which is likely to consume some more time to conclude and more over he has got no criminal history to his credit, thus he deserves to be released on bail at this stage.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were dully considered.
Considering totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail.
.2.
Without expressing any opinion on the merits of the case, let the applicant- Hemsagar Jaiswal involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs. 25,000/- and two sureties each in the like amount to the satisfaction of the court concerned and executing an undertaking in the following terms:
1. The applicant shall not tamper with the prosecution evidence by intimidating the witnesses.
2. He shall cooperate with the investigation and speedy trial.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
Order Date :- 2.2.2010 SFH