Heard, the learned counsel for the applicant the learned AGA for the State and perused the record.
The present bail application has been moved by the applicant Jitendra Yadav alias Jitu Yadav in case crime no. 88 of 2010, under Sections 457, 380, 411/34 IPC, P.S. Jakhlaun, district Lalitpur with a prayer that he may be admitted to bail.
It is contended by the learned counsel for the applicant that the applicant is not named in the first information report . The allegation is that some unknown persons had committed theft of statute of Goddess Laxmi from the premises of temple. It is also contended by the learned counsel for the applicant that from the joint possession the said statute was recovered by the police. The applicant has been falsely implicated in the present case. On the other hand learned A.G.A. has opposed the bail application by contending that in case he is enlarged on bail he will misuse the liberty of bail. The applicant is in jail since 29.3.2010.
Considering the facts and circumstances of the case and submission made by the learned counsel for the applicant and without expressing any opinion of the merits of the case, the applicant is entitled to be released on bail. Let the applicant Jitendra Yadav alias Jitu Yadav involved in case crime no. 88 of 2010, under Sections 457, 380, 411/34 IPC, P.S. Jakhlaun, district Lalitpur be enlarged on bail, on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-
(i)The applicant will not indulge in any such activity in future.
(ii)The applicant will not pressurise/ intimidate the prosecution witnesses and tamper evidence during trial.
(iii)The applicant will appear before the trial court on the date fixed. In defiance of any of the aforesaid conditions, the court below will be at liberty to cancel the bail of the applicant.
Order Date :- 18.6.2010 Shahnawaz