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 has already been granted bail in Case Crime No. Nil of 2009 under Section 41/411 IPC by the court below in Bail Application No. 908 of 2009. He further submits that on the very same day, present FIR was lodged under Sections 392 & 411 IPC and the applicant was falsely implicated. He further submits that false recovery of Rs. 500 etc. has been shown from the possession of the applicant and there is no independent witness of the recovery. He further submits that prior to the filing of the present FIR no criminal case was pending against the applicant. The applicant is in jail since 24.11.09.
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 Om Prakash Kanjad involved in Case Crime No. 503 of 2009, under Sections 392 & 411 I.P.C., P.S. Mugal Sarai, District Chandauli 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 :- 11.1.2010 vinay