Heard learned counsel for the applicant and learned A.G.A. and perused the material placed on record.
Applicant-Raju Rajak seeks bail in Case Crime No. 543 of 2009 under Sections 379 and 411 I.P.C., Police Station Gyanpur, District Sant Ravidas Nagar, Bhadohi.
Submissions have been made on behalf of the applicant that the applicant is a mechanic of motorcycle and running a garage at Jaunpur. He has further contended that recovery of alleged motorcycle was made from his possession in District Jaunpur and an F.I.R. was registered against him under Sections 41, 411 and 414 I.P.C. vide Case Crime No.773 of 2009 and he was granted bail by another Bench of this Court on 22.10.2009 in Criminal Misc. Bail Application No.25759 of 2009. Thereafter another F.I.R. was registered at Police Station Gyanpur, District Sant Ravidas Nagar under Section 379 and 411 I.P.C. regarding the same incident and in pursuance of that the applicant has been arrested and sent to jail. He has also submitted that applicant is in jail since 25.8.2009 and the trial has not commenced which is likely to consume sometime to conclude and moreover, there is no criminal history to his credit.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Considering totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant-Raju Rajak involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs. 25,000/- and two sureties each in the like amount to the satisfaction of the court concerned and executing following conditions;
1. The applicant shall not tamper with the prosecution evidence by intimidating the witnesses.
2. He shall cooperate with the investigation and speedy trial.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
Order Date :- 18.1.2010 MN/-