HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21780 of 2011 Petitioner :- Kasif @ Sonu And Another Respondent :- State Of U.P. Petitioner Counsel :- Zafeer Ahamad Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicants and learned AGA for the State and perused the record.
It is contended by the learned counsel for the applicants that the applicants are labourers. If the prosecution case is admitted at the Rice Mill, the applicants were filling fake cements along with co accused in cements bags of different firms. The applicants were not found in adulterating the cements. The applicants have no criminal history. It is further contended that the applicants are in jail since 12.7.2011, therefore, he is entitled for bail. If the applicants are released on bail, they will not misuse the liberty of bail and will co-operate with the trial.
Learned AGA opposed the prayer for bail.
Considering the facts and circumstances and the nature of the offence of the case, without expressing any opinion on the merit of the case, it is a fit case for bail.
Let the applicants Kasif alias Sonu and Farman be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 542 of 2011, under section 420, 267, 268, 471 IPC, and 62/63, Copy Right Act and section 103/104 Trade Mark Act, P.S.Gajraula, district J.P.Nagar with the following conditions;
1. The applicants will not tamper with the evidence.
2. The applicants shall not pressurize/intimidate the prosecution witnesses during trial.
3. The applicants will appear at the police station concerned in the first week of every month to show his good conduct and behaviour.
In defiance of any of the aforesaid conditions, the court will be at liberty to cancell the bail of the applicants and to take him into custody.
Order Date :- 23.8.2011 Gss