Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29200 of 2009 Petitioner :- Arun Kumar Respondent :- State Of U.P. Petitioner Counsel :- Mangala Prasad Rai,Jagdish Singh Sengar Respondent Counsel :- Govt Advocate,Deepak Dubey,Rajiv Lochan Shukla Hon'ble Surendra Singh,J.
Counter affidavits filed by learned A.G.A. for the State as well as
learned counsel for the complainant are taken on record.
Heard Sri J.S. Sengar and Sri M.P. Rai, learned counsel for the
applicant and learned A.G.A. for the State as well as Sri A.K. Ojha,
learned counsel for the informant and perused the material placed on
record.
Applicant-Arun Kumar seeks bail in Case Crime No. 361 of 2009 under
Sections 147, 148, 149, 452, 307, 325, 323, 506 and 392 I.P.C., Police
Station George Town, District Allahabad.
Submissions have been made on behalf of the applicant that the
applicant is alleged to have caused injuries with the butt of the country-
made pistol to the injured Surendra Mishra, causing fracture on his
front lower jaw (injury no.3). He further argued that the provisions of
Section 307 I.P.C. are not attracted in the present case. He next
argued that co-accused Manoj Kumar has been granted bail by
another Bench of this Court on 28.10.2009 vide Criminal Misc. Bail
Application No.28515 of 2009. He has also submitted that applicant,
who is in jail since 13.8.2009, having no criminal history to his credit,
deserves to be released on bail.
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 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-Arun Kumar involved in aforesaid crime 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 with
the following conditions that;
1.The applicant shall not tamper with the prosecution evidence by
intimidating the witnesses.
2.He shall cooperate with the investigation and speedy trial.
3.He shall not indulge in any criminal activity or commission of any
crime after being released on bail.
In case of breach of above conditions, the prosecution would be at
liberty to move an application for cancellation of bail. Identity, status
and residence and proof of sureties be verified by the authority
concerned before they are accepted.
Order Date :- 4.2.2010
MN/-