Heard learned counsel for the applicants, 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. It is further submitted that false recovery of one Motor cycle has been shown against the applicant. There is no public witness of the alleged recovery. It is further submitted that the except one case there is no other case pending against the applicant . The applicant is in Jail since 16-10-2009.
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 Bittu involved in Case crime no.660 of 2009 under section 482, 379, 411 IPC, and 197 (1) MV Act Police Station Kasna district Gautam Budh 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 shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ 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 behaviour. In case of breach of any of the above mentioned conditions the court below shall be at liberty to cancel the bail.
Order Date :- 7.1.2010 IA