Court No. - 33 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16161 of 2010 Petitioner :- Vishnu Respondent :- State Of U.P. Petitioner Counsel :- Pankaj Satsangi Respondent Counsel :- Govt. Advocate Hon'ble S.C. Agarwal,J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the material placed on record.
Learned counsel for the applicant has submitted that as per the FIR, nine
named persons inclusive of the applicant as well as 25 to 30 unnamed persons
caused hurt to the police personnel while they were discharging their lawful
duties and with intent to prevent or deter them from discharging their lawful
duties, they pelted stones as a result of which one constable sustained one
injury. The rifle of one constable was snatched by the assailant and the same
was subsequently returned. No specific role has been assigned to either of the
assailants.
He further submits that under the similar set of circumstances, co-accused
Ramesh has been granted bail by another Bench of this Court on 17.12.2009
vide Criminal Misc. Bail Application No.34752 of 2009.
He has further contended that the applicant is in jail since 10.6.2010 and the
trial has not commenced which is likely to consume some more time to
conclude. Moreover, there is no criminal history to his credit.
He also submits that co-accused Narsi has already been granted bail by
another Bench of this Court vide order dated 12.1.2010 passed in Criminal
Misc, Bail Application No. 34386 of 2009.
This fact has not been disputed by learned A.G.A.
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 the totality of circumstances of the case, I consider it a fit case
to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant-
Vishnu involved in case crime no. 1501 of 2009, under Section 147, 148, 332,
336, 392 IPC and 7 Criminal Law Amendment Act, P.S. Ujhani, District-
Badaun 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.
Order Date :- 29.6.2010
KU