Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16521 of 2010 Petitioner :- Swaraaj Respondent :- State Of U.P. Petitioner Counsel :- Preet Pal Singh Rathore Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
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. He further submits that incident has
occurred in the night at around 10.30 P.M. and the injury is alleged to have
been caused by the fire arm. He further submits that the nature of the injury
does not indicate that the said injury has been caused by the use of rifle. He
further submits that the injury caused cannot be said to be dangerous to life
since the victim received single fire arm injury on his thigh. In support of his
contention, the learned counsel for the applicant has filed site plan. He further
submits that the applicant has no criminal history and is in jail since
15.5.2010.
The bail application of the applicant has been opposed by the learned AGA.
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 Swaraaj involved in Case Crime No. 548 of 2010, under
Sections 307, 504 I.P.C., P.S. Sahaswan, District Budaun 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 :- 2.7.2010
vinay