Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3679 of 2009 Petitioner :- Yogesh Respondent :- State Of U.P. Petitioner Counsel :- K.M. Tripathi,Neelam Tripathi Respondent Counsel :- Govt. Advocate,Amit Kumar Shukla Hon'ble Surendra Singh,J.
Counter affidavit has been filed by the learned A.G.A. which is taken on
record.
Heard learned counsel for the applicant and learned A.G.A. as well as Sri Anil
Kumar Shukla appearing on behalf of the informant and also perused the
material placed on record. Applicant-Yogesh seeks bail in Case Crime No.
415 of 2008 under Sections 147,148,149,302,34 IPC, Police Station Kotwali
District Hathras.
Submissions have been made on behalf of the applicant that though the
applicant is named in the First Information Report but the role assigned to him
is of only catching hold to the deceased. Learned counsel has contended that
the relations between the deceased and the applicant were a little strained but
that cannot be deemed adequate motive for terrible exhibition for violence. He
has also submitted that applicant is in jail since 4.9.2008 and the trial has not
concluded and is likely to consume some time, moreover, he has got no
criminal history to his credit, therefore, he is entitled 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
dully considered.
Considering the 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-
Yogesh 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.
Order Date :- 5.1.2010
Mt/