Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13980 of 2010 Petitioner :- Hari @ Hari Lal @ Hari Prasad Respondent :- State Of U.P. Petitioner Counsel :- Satish Trivedi,Ajay Kumar Pandey,M.N. Pathak,Sanjay Tiwari Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Heard Shri Satish Trivedi, Senior Advocate, assisted by shri Ajay Kumar
Pandey, learned counsel for the applicant and learned AGA for the State.
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, three person injured
and from the side of the applicant five persons 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 22.4.2010. It
was next contended that the applicant is absolutely innocent and has been
falsely implicated in the instant case.
The aforesaid factual aspects of the matter has not been disputed by the
learned AGA
In view of the facts and circumstances of the case and submissions made by
the learned counsel for the applicants and without expressing any opinion on
the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Hari @ hari Lal @ hari Prasad involved in Case Crime
No.356 of 2010 under Sections 147, 148, 149, 323, 308, 332, 333, 336 IPC &
7 Criminal Law Amendment Act P.S. Khorabar, District Gorakhpur 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 :-
1. The applicant shall record his attendance before the concerned CJM 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 adjournments.
In case of breach of any of the above conditions, the trial Court will be at
liberty to cancel the bail.
Order Date :- 3.8.2010
Pk