Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16422 of 2010 Petitioner :- Ram Bharosey Respondent :- State Of U.P. Petitioner Counsel :- Sunil Kumar Yadav Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application has been filed on behalf of the applicant Ram Bharosey who
is accused in Case Crime No. 236 of 2010, under Section 307, 504 and 506
I.P.C., registered with P.S. Kotwali, District Etah, for being enlarged on bail
during the pendency of the trial.
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
06.04.2010.
It was next contended that the applicant is absolutely innocent and has been
falsely implicated in the instant case.
The prayer for bail has been vehemently opposed by the Learned A.GA.
Keeping in view the nature of offence, severity of punishment, reasonable
apprehension of tampering with the evidence, prima facie satisfaction
regarding proposed evidence and genuineness of the prosecution case,
submissions made by learned counsel for the applicant, this court is of the
view that the applicant is entitled to be enlarged on bail during the pendency
of the trial.
Let the applicant Ram Bharosey son of Gopi Chandra involved in Case Crime
No. 236 of 2010, under Section 307, 504 and 506 I.P.C., registered with P.S.
Kotwali, District Etah 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 :- 20.7.2010
YK