Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9973 of 2010 Petitioner :- Sindhu @ Surendra Respondent :- State Of U.P. Petitioner Counsel :- Kuldeep Kumar,Anil Raghav Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and the learned AGA.
It is contended that the applicant is absolutely innocent and has been falsely
implicated in the instant case.
It has next been contended that even as per the allegations made in the FIR the
gun shot which caused fire arm injuries to the injured was fired accidently and
there was no intention to murder.
It has also been contended that although as per the injury report injuries
though on the vital parts are not serious .
It has also been contended that the applicant has no criminal antecedent to his
credit and he is in jail since 9.3.2010, thus is entitled to be enlarged on bail.
Per contra learned AGA vehemently opposed the prayer for bail and
submitted that the applicant was carrying countrymade pistol, which was
sufficient for the presumption that the shot has been fired with intention to
murder
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Sindhu alias Surendra involved in Case Crime No.54 of
2010 under Sections 307 I.P.C., P.S. Jahangirabad, District Bulandshahr be
released on bail on his furnishing a personal bond and two sureties each in the
like amount to the satisfaction of the court concerned with the following
conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the Chief Judicial Magistrate concerned in the
first week
of each month to show his good conduct and behaviour.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
In case the applicant holds the fire arm license, the appropriate authority shall
initiate proceeding to cancel his license.
Order Date :- 30.7.2010
cps