Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17720 of 2010 Petitioner :- Ajay Respondent :- State Of U.P. Petitioner Counsel :- Navin Kumar Yadav,Viresh Misra Respondent Counsel :- Govt Advocate,A.C.Srivastava Hon'ble B.N. Shukla,J.
Counter affidavit has been filed on behalf of the complainant, which is taken
on record.
Heard Sri Viresh Mishra, learned Senior Counsel assisted by Sri Amit Mishra,
learned counsel for the applicant, Sri V.P. Srivastava, learned Senior Counsel
assisted by Sri A.C. Srivastava, learned counsel for the complainant, learned
A.G.A. for the State and perused the record.
Learned counsel for the applicant has contended that the applicant is brother
of the co-accused- Amit, who is allowed bail by this Court and co-accused
Vishal has also been allowed bail and the case of the applicant is on same
footings. It is further contended that the recovery of fire-arm has been
fabricated and there are contradictions in the number of injuries as shown in
the inquest report and post-mortem report and the applicant has no criminal
antecedent.
Learned counsel for the complainant has contended that from the possession
of the applicant one country made pistol was recovered and in the expert
report it is mentioned that the fire was shot from this country made pistol and
the case of the applicant stands on different footing and no parity could be
claimed with the co-accused Amit and Vishal.
Applicant is brother of co-accused Amit, it appears that most of the accused
are sons of Jai Prakash Yadav as stated by witnesses Malkhan. The applicant
has no criminal history. Motive is alleged against Jai Prakash Yadav and his
sons. Applicant is resident of another village which is about 45 km. away
from the village of the deceased as submitted by the learned counsel for the
applicant.
Considering the nature of accusation and the severity of punishment in case of
conviction and the nature of supporting evidence, reasonable apprehension of
tampering of the witnesses and prima facie satisfaction of the court in support
of the charge, the applicant is entitled to be released on bail.
Let the applicant- Ajay, involved in case crime No. 1543 of 2008, under
Sections 147, 148, 149, 302, 307, 120B/34 IPC and 7 Criminal Law
Amendment Act, P.S. Kavi Nagar, District Ghaziabad be released on bail on
his furnishing a personal bond with two sureties each in the like amount to the
satisfaction of the court concerned with the following conditions:
1.The applicant shall not tamper with the prosecution evidence by
intimidating the witnesses.
2.He shall cooperate with the investigation and speedy trial.
3.He shall not indulge in any criminal activity or commission of any crime
after being released on bail.
Order Date :- 14.7.2010
Salim