Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16951 of 2010 Petitioner :- Ram Naresh Respondent :- State Of U.P. Petitioner Counsel :- Pankaj Kumar Tyagi,Smt. Archana Tyagi Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
It is contended by learned counsel for the applicant that there is cross version
of the incident. From both the sides, FIRs have been registered and both sides
have sustained injuries. From the side of the prosecution, one person sustained
injuries and from the side of the applicant also one person sustained injuries.
The prosecution has not come with clean hands. It is very difficult to decide
as to which of the side was aggressor. The applicant is in jail since
23.04.2010.
It was next contended that the applicant is absolutely innocent and has been
falsely implicated in the instant case.
In view of the facts and circumstances of the case and submissions made by
the learned counsel for the applicants and without expressing any opinion on
the merits of the case the applicant is entitled to be released on bail.
Let the applicant Ram Naresh S/o Suresh Behad involved in case crime no.
445-A of 2008 under Section 307 I.P.C. P.S Aaitmadpur District Agra, be
released on bail on his executing a personal bond and furnishing two sureties
each in the like amount to the satisfaction of the court concerned subject to
the following conditions:-
I. The applicant shall record his attendance before the concerned
C.J.M. On the 7th day of every month.
II. The applicant shall not tamper with the prosecution evidence.
III. The applicant shall co-operate in the early conclusion of the trial
and will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
Order Date :- 19.7.2010
YK