Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18505 of 2010 Petitioner :- Abhay Sharma Respondent :- State Of U.P. Petitioner Counsel :- Anoop Trivedi 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
the applicant did not cause any injury to the victim and the main allegation
of causing injury has been assigned to the co accused Tinku. He further
submits that except one case the applicant has got no criminal history to his
credit and there are no chances of his fleeing away from the judicial process
or tampering with the prosecution evidence, and is in jail since 14.5.2010.
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 Abhay Sharma involved in Case Crime No. 456 of 2010
under Sections 307,386,323,504, 506 I.P.C., P.S. Sungarhi, District Pilibhit
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.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 20.7.2010
MLK