Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16939 of 2010 Petitioner :- Bujharat Beldar Respondent :- State Of U.P. Petitioner Counsel :- Vijay Kumar Dubey 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 Bujharat Beldar who
is accused in Case Crime No. 424 of 2010, under Sections 323 and 308 I.P.C.,
registered with P.S. Dhanaghata, District Sant Kabir Nagar, for being
enlarged on bail during the pendency of the trial.
It has been contended by learned counsel for the applicant that the incident
was not premeditated but result of grave and sudden provocation on account
of a dispute which arose between the applicant and the injured.
He also contended that the applicant who has no criminal antecedents, is in in
jail since 26.04.2010 and thus the applicant is entitled to be enlarged on bail.
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 and the fact that the
applicant has no criminal antecedents, 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 Bujharat Beldar son of Hublal involved in Case Crime no.
424 of 2010 under Sections 323 and 308 I.P.C. P.S. Dhanaghata District Sant
Kabir Nagar, 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