Devendra @ Devendra Kumar vs State Of U.P.
2012 Latest Caselaw 5757 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29937 of 2012
 
Petitioner :- Devendra @ Devendra Kumar
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Mahendra K. Singh Chauhan
 
Respondent Counsel :- Govt. Advocate
 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant and learned A.G.A. for the State respondent.

It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in this case due to ulterior motive. It is also contended that as per the statement recorded under Section 164, Cr.P.C., copy of which has been filed as annexure-12 to the affidavit, no offence under the charged sections is made out against the applicant and the allegation is made against the co-accused Deoraj and only allegation against the applicant is that he assisted the co-accused. It is further contended that the applicant is in jail since 22.9.2012, having no criminal history and if he is released on bail, he will not misuse the liberty of bail.

It is further contended by learned counsel for the applicant that co-accused Km. Reena and Kamal have already been granted bail by this Court vide orders dated 31.5.2012 and 26.9.2012 in Criminal Misc. Bail Application No.13680 of 2012 and 24889 of 2012, copies of the aforesaid orders have been filed as annexure-14 to the affidavit accompanying the bail application.

Learned A.G.A. has opposed the prayer for bail.

Perused the first information report as well as averments made in the application.

Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, let the applicant Devendra @ Devendra Kumar involved in case crime no. 222 of 2011 under Section 363, 366, 368, 376 and 506 IPC police station Badgaon district Saharanpur be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of court concerned subject to the conditions that he:

1.shall appear on the date fixed by the trial court;

2.shall not tamper with the prosecution evidence;

3.shall not pressurize the prosecution witnesses;

4.shall appear 15th of every month at the police station concerned to show his good conduct and behaviour.

In case of default of any of the aforesaid conditions, this bail order shall automatically stand cancelled.

Order Date :- 27.11.2012/faraz