Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19226 of 2010 Petitioner :- Surendra Respondent :- State Of U.P. Petitioner Counsel :- Sanjay Kumar Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
there is a cross case of the incident and both sides have sustained injuries but
there is no explanation of the injuries sustained by the applicant’s side, as such
it can not be ascertained, at this stage, as to who was an aggressor. He further
submits that the applicant has got no criminal history to his credit and there is
no chance of his fleeing away from the judicial process or tampering with the
prosecution evidence, and is in jail since 28.6.2010.
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 Surendra involved in Case Crime No. 324-A of 2010, under
Sections 147, 148, 149, 323, 308, 504, 506, 324 I.P.C., P.S. Bansgaon,
District Gorakhpur 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 police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 27.7.2010
vinay