Court No. - 40 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18573 of 2009 Petitioner :- Sushil Kumar Alias Chola Respondent :- State Of U.P. Petitioner Counsel :- Dr. Akhilesh Kumar Divedi,K.K.Singh,Rahul Kumar Tripathi Respondent Counsel :- Govt. Advocate,Rajeev Mishra Hon'ble Bala Krishna Narayana,J.
Heard Sri Manish Tiwari assisted by Sri P. K. Pathak counsel for the
applicant, Sri Rajeev Mishra counsel for the complainant and the learned
A.G.A. for the State.
This application has been moved on behalf of Sushil Kumar @ Chola who is
accused in Case Crime 957 of 2009 under section 325, 308 I.P.C. P.S. Aurai
District Sant Ravidas Nagar, Bhadohi and is in jail since 01.06.2009.
Learned counsel for the applicant submitted that general role of assault has
been assigned in the F.I.R. to all the four co-accused including the appellant.
He next submitted that on the basis of the injuries allegedly received by the
injured at the most an offence under Section 325 I.P.C. is made out which is a
bailable offence.
It has further been contended that the applicant has no criminal antecedents.
The prayer for bail has been vehemently opposed by the learned A.G.A.
Considering the 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 released on bail during the pendency of the
trial.
Let the applicant Sushil Kumar @ Chola S/o Vijai Shankar involved in case
Crime No. 957 of 2009 under Sections 325 and 308 I.P.C. P.S. Aurai, District
Sant Ravidas Nagar, Bhadohi, be relased on bail on his furnishing a personal
bond with two sureties each in the like amount to the satisfaction of the court
concerned subject to the following conditions:
1. The applicant shall record his attendance before the concerned C.J.M. On
the 7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall co-operate in the early conclusion of the trial and will
not seek any unnecessary adjournment.
Order Date :- 19.1.2010
YK