Court No. - 32 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16236 of 2010 Petitioner :- Galib And Others Respondent :- State Of U.P Petitioner Counsel :- Anil Mullick Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Applicants-Galib, Aameer, Shibbu and Wasim seeks bail in Case Crime No.
113 of 2010 under Sections 323, 325, 352, 504, 506 and 308 I.P.C., Police
Station Mawana, District Meerut.
Heard learned counsel for the applicants, Sri S. Shahnawaz Shah, Advocate
who have filed their parcha on behalf of the informant which is taken on
record as well as learned AGA for the State and perused the material placed
on record.
Learned counsel for the applicants has argued that four persons are said to
have sustained injuries and their injuries were kept under observation and X-
ray was advised. As per the supplementary medical report, all the injuries
were found to be simple in nature except injury no. 1 of one Dilshad. He
further contends that it has not been specified as to who was the author of the
said fatal injury. He further contends that the applicants who are in jail since
23.5.2010, having no criminal history to their credit, deserve to be released on
bail at this stage.
The bail is, however, vehemently opposed by the learned A.G.A. and learned
counsel for the complainant by contending that seven persons were named in
the F.I.R. and are alleged to have assaulted the injured persons but it has not
been disputed that all the injuries were found to be simple in nature except
injury no.1 of Dilshad.
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
dully 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-
Galib, Aameer, Shibbu and Wasim involved in aforesaid crime be released on
bail on each of them furnishing a personal bond and two sureties each in the
like amount to the satisfaction of the court concerned.
Order Date :- 30.6.2010
MN/-