Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1714 of 2010 Petitioner :- Ajmat Ali @ Jumman Respondent :- State Of U.P. Petitioner Counsel :- Shashi Kant Shukla Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, Sri Meraj Ahmad Khan, learned
counsel for the complainant, 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
incident took place on 2-5-2009 and on the same very day FIR was lodged. It
is further stated that statement of the injured under section 161 Cr.P.C. was
recorded on 15-8-2009, 16-5-2009 ,12-8-2009, and 15-8-2009 but did not
name the applicant. It is further submitted that in the statement recorded on
20-10-2009 the role of hatching conspiracy was assigned to the applicant It is
further submitted that for the first time injured named the applicant on 20-10-
2009 i.e. after five and half months of the incident . It is further submitted that
present case has been launched with ulterior motive to harass and victimise
the applicant. It is further submitted that the applicant does not have any
criminal history. The applicant is in Jail since 3-12-2009.
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 Ajmat Ali @ Jumman involved in Case crime no.208 of
2009 under section 307, 120-B IPC, Police Station Nawabganj district
Allahabad 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 :- 22.1.2010
IA