The learned counsel for the applicant has filed supplementary affidavit, which is taken on record.
Heard, the learned counsel for the applicant, the learned AGA for the State and perused the record.
The present bail application has been moved by the applicant Shakeel alias Chidda case crime no.587 of 2009, under Section 379, 411 IPC, P.S. Achhnera, District Agra, with a prayer that he may be admitted to bail.
The FIR was registered on 17.12.2009 with the allegation that some unknown persons have taken away the motorcycle of the complainant on 14.12.2009.
It is contended by the learned counsel for the applicant, the recovery of the alleged stolen motorcycle has been shown from the possession of applicant on 3.1.2010. The alleged story with regard to the recovery of the said motorcycle is false and concocted, nothing has been recovered from the possession of applicant, no public witness has been shown in the recovery memo. The applicant has nothing to do with the said motorcycle, he was arrested due to ulterior motive by the police. The applicant is in jail since 4.1.2010. He is not previously convicted and is having no criminal history. In case, he is enlarged on bail, he will not misuse the liberty of bail.
In view of the aforesaid facts and circumstances, without expressing any opinion about the merits of the case, let the applicant, Shakeel alias Chidda involved in case crime no.587 of 2009, under Section 379, 411 IPC, P.S. Achhnera, District Agra, be enlarged on bail, on his executing a personal bond and furnishing two heavy 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. In defiance of the above conditions, the prosecution would be at liberty to move application for cancellation of bail.
Order Date :- 14.6.2010 Mustaqeem.