Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that in the present case co accused Veer Pal, whose case stands on the same footing, has been granted bail by this court on 30.10.2009 in Criminal Misc. Bail Application No. 25496/09 and has claimed parity. This fact has not been disputed by the learned A.G.A. He further submits that after lodging of the present F.I.R. two more cases were registered against the applicant in which he has been granted bail and except the aforesaid two cases the applicant has got no criminal history to his credit and there are no chances of his fleeing away from the judicial process or tampering with the prosecution evidence, and is in Jail since 11.5.2009.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and learned A.G.A. and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Neesu alias Satya Prakash involved in Case Crime No. 768 of 2009 under Sections 379, 411 I.P.C., P.S. Khatauli, District Muzaffar Nagar 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 :- 28.1.2010 MLK