Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32973 of 2009 Petitioner :- Sarfaraj Respondent :- State Of U.P. And Another Petitioner Counsel :- Ashok Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
Applicant- Sarafraj seeks bail in Case Crime No. 803 of 2009, under
Sections 307,323 IPC & 3(i)(x) S.C./S.T. Act, Police Station
Gambhirpur, District Azamgarh.
Heard learned counsel for the applicant as well as learned AGA for the
State and perused the material placed on record.
It is contended by the learned counsel for the applicant that the
applicant is alleged to have fired which hit to one, Mukhram on right side
of chest and the dimension of the injury is 0.5 x 0.5 c.m. which appears
to be simple in nature and no internal damage was detected. He has
further contended that the alleged injury was kept under observation
and X-ray examination was advised but there is no X-ray or
supplementary report on record, thus in the absence of the
supplementary report, it cannot be presumed that the injuries were
grievous and dangerous to life. He has further contended that the
applicant is in jail since 10.10.2009 and the trial has not commenced
which is likely to consume some more time to conclude. Moreover, there
is no criminal history to his credit. This fact has not been disputed by
learned A.G.A.
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 duly 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- Sarfaraj 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 with the
following conditions that;
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 :- 8.1.2010
Mt/