Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19808 of 2010 Petitioner :- Anwar Singh Respondent :- State Of U.P. Petitioner Counsel :- P.K. Chauhan 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 version 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 24.3.2010.
He further submits that the co-accused Nirodsh Singh, whose case stands on
the same footing, has been granted bail by this Court on 23.7.2010 in Crl.
Misc. Bail Application No. 17198 of 2010 and has claimed parity. This fact
has not been disputed by the learned AGA.
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 Anwar Singh involved in Case Crime No. 170 of 2010
under Sections 307, 504, 506 and 34 I.P.C., P.S. Dannahar, District Mainpuri
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.
In case of breach of any of the above conditions, the court below shall be at
liberty to cancel the bail.
Order Date :- 30.7.2010
vinay