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 the applicant is not named in the FIR and no recovery has been made from the possession of the applicant. The name of the applicant came to light in the statement of the co- accused recorded under section 161 Cr.P.C. after two and half months. It is further submitted that the co- accused Dinesh Verma and Neeraj @ Pinku have has already been granted bail in Case crime no.792 of 2005 by this Court on 5-12-2008 and 4-8-2006 in Bail Application No.26561 of 2007 and Bail Application No.15893/06 respectively . It is further submitted that the applicant does not have any criminal history. The applicant is in Jail since 24-10-2009.
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 Vickki @ Vikas Garg involved in Case crime no.792 of 2005 under section 394, 411 IPC, Police Station Sihani district Ghaziabad 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 :- 12.1.2010 IA