Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated, and false recovery have been shown from the joint possession of the applicant and other co-accused. There is no independent witness of the recovery. He further submits that on the same date one more case under Section 307 IPC was slapped on the applicant but it was no injury case and the applicant was granted bail in the said case by the court below. He further submits that except the aforementioned cases, the applicant has got no criminal history and there is no chance of his fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is in jail since 30.9.09.
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 applicant has made out a case for bail.
Let the applicant Liyakat alias Milli involved in Case Crime No. 188 of 2009, under Sections 394 & 411 I.P.C., P.S. Khanpur, District Bulandshahr be released on bail on his 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 applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant 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 :- 2.2.2010 vinay