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, and no specific role has been assigned to the applicant in the FIR. He further submits that the applicant happens to be the maternal uncle of the main accused Rajeshwar Vishwakarma who has been granted bail on 24.8.09 by this Court in Crl. Misc. Bail Application No. 22034 of 2009 and one Pradeep alias Chhotu has also been granted bail by this Court on 16.11.09 in Crl. Misc. Bail Application No. 29916 of 2009. It has further been submitted that the case of the present applicant stands on a better footing than that of the aforementioned accused persons. The applicant does not have any criminal history and is in jail since 16.11.2009.
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 Vinod Kumar Verma alias Bankat involved in Case Crime No. 361 of 2009 under Sections 363, 366, 506, 120-B IPC & 3 (1) X SC/ST Act, P.S. Civil Lines, District Etawah 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 :- 5.1.2010 vinay