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 in the case. He further submitted that false recovery of some jwelleries is alleged to have been shown from the possession of the applicant and there is no public witness of the recovery. He further submits that the recovered articles have not been identified and , in fact, no such recovery was made from the possession of the applicant as alleged by the prosecution and has been falsely implicated setting up a false and frivolous story of alleged recovery of some ornaments from his possession only with a view to harass and victimise him with an ulterior motive. In support of his contention he referred to the statement of the informant. He further submits that on very same day a case under the N.D.P.S. Act was also slapped against the applicant. He further submits that, except the afore mentioned cases, the applicant has got no criminal history to his credit and there are scanty chances of his fleeing away from the judicial process or tampering with the prosecution evidence, and is in Jail since 19.9.2009.
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 Satyanand Chaubey involved in Case Crime No. 55 of 2009 under Sections 420, 411 I.P.C, P.S. G.R.P.(City) , District Bareilly 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 :- 25.1.2010 MLK