Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1848 of 2010 Petitioner :- Balveer Respondent :- State Of U.P. Petitioner Counsel :- Pankaj Sharma Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the
record.
It is submitted by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. It is further submitted that there is a
cross case between the parties in which both sides received injuries. It cannot
be ascertained as to who was the aggressor . It is further submitted that the
injuries sustained by the applicant side has not been explained by the
prosecution and the applicant does not have any criminal history. It is further
submitted that there is no chance of his fleeing away from the judicial process
or tampering with the prosecution evidence.The applicant is in Jail since 30-
10-2009. The bail application has been opposed by learned AGA as well as by
Sri Lalit Kumar Shukla, learned counsel for the complainant.
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 Balveer involved in Case crime no.571 of 2009 under
section 307 IPC, Police Station Raya district Mathura 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 shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ 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 behaviour.
In case of breach of any of the above mentioned conditions the court below
shall be at liberty to cancel the bail
Order Date :- 25.1.2010
IA