Heard learned counsel for the applicants, learned A.G.A. and perused the record.
Learned counsel for the applicants submits that the applicants have already been granted bail by the Additional Sessions Judge, Bharatpur on 23.7.09 in case crime No. 254 of 2009 under Section 412 IPC. He further submits that the applicants were also granted bail in another case on 17.9.09 & 5.10.09 by this Court in Criminal Misc. Bail Applications No. 25065 of 2009 & 25306 of 2009 respectively in Case Crime Nos. 470 of 2009, under Sections 394, 395, 397 & 342 IPC, P.S. Tundla, District Firozabad.
Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated, and apart from the present cases, the applicants have got no criminal history and are in jail since 15.7.09.
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 Jamshed alias Janmed & Sahun involved in Case Crime No. 270 of 2009 under Section 395 I.P.C., P.S. Malpura, District Agra 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 their 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 :- 4.1.2010 vinay