Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35231 of 2009 Petitioner :- Suresh Singh Respondent :- State Of U.P. Petitioner Counsel :- Anuj Bajpai Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Heard learned counsel for the applicant and learned A.G.A. and
perused the material placed on record.
Applicant-Suresh Singh seeks bail in Case Crime No. 539 of 2009,
under Section 307 I.P.C., Police Station Katra, District Shahjahanpur.
It is contended by learned counsel for the applicant that the applicant
and co-accused are alleged to have been armed with countrymade
pistols of .315 bore and have fired on Chhatrapal who sustained four
injuries on his person. The injuries were kept under observation and X-
ray examination was advised. He further submits that all the injuries
were found to be simple in nature. The medical report is totally
inconsistent to the prosecution version as the size of the injuries show
that they could not have been caused by the country made pistols of .
315 bore. He has further contended that the applicant is in jail since
15.9.2009, having no criminal history to his credit, thus he deserves to
be released on bail.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie,
satisfaction regarding proposed evidence and genuineness of the
prosecution case were duly considered.
Considering totality of circumstances of the case, I consider it a fit case
to enlarge the applicants on bail.
Without expressing any opinion on the merits of the case, let the
applicant-Suresh Singh involved in aforesaid crime be released on bail
on his furnishing a personal bond of Rs. 25,000/- and two sureties
each in the like amount to the satisfaction of the court concerned with
the following conditions that;
1.The applicant shall not tamper with the prosecution evidence by
intimidating the witnesses.
2.He shall cooperate with the investigation and speedy trial.
3.He shall not indulge in any criminal activity or commission of any
crime after being released on bail.
In case of breach of above conditions, the prosecution would be at
liberty to move an application for cancellation of bail. Identity, status
and residence and proof of sureties be verified by the authority
concerned before they are accepted.
Order Date :- 4.2.2010
MN/-