Mukesh Savita vs State Of U.P.
2013 Latest Caselaw 7341 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37240 of 2013
 

 
Applicant :- Mukesh Savita
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

It is contended by the learned counsel for the applicant that six motorcycles are alleged to have been recovered from the joint possession of three persons including the applicant when in fact, no such recovery has been made nor there is any independent witness of the alleged recovery.  It is next contended that the applicant did not have any criminal history prior to lodging of the present case and he has been falsely implicated in the present case due to ulterior motive.  It is next contended by the learned counsel for the applicant that the applicant is in jail since  15.7.2013 and in case he is enlarged on bail, he will not misuse the liberty of bail.

It is next contended that similarly situated co-accused namely Pramod Verma has already been granted bail by another Bench of this Court vide order dated 05.10.2013  passed in Criminal Misc. Bail Application No. 29218 of 2013, copy of which order has been filed as annexure-3  to the affidavit accompanying the bail application.

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

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Mukesh Savita, involved in case crime No.  284 of 2010, under Sections  379, 411 IPC, police station Uttar, District  Firozabad be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction  of court concerned on the following conditions that:-

1.   The applicant shall not tamper with the prosecution evidence;

2.  The applicant shall not pressurize the prosecution witnesses;

3.  The applicant shall appear on the date fixed by the trial court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled

Order Date :- 9.12.2013

faraz