Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11147 of 2010 Petitioner :- Arvind And Others Respondent :- State Of U.P. Petitioner Counsel :- Yogesh Srivastava Respondent Counsel :- Govt Advocate,Sushil Kumar Hon'ble Bala Krishna Narayana,J.
Heard Shri P.S. Yadav, learned counsel for the applicants, Shri Sushil Kumar
for the complainant and learned AGA for the State.
It is contended by learned counsel for the applicants that there is cross version
of the incident from both the sides, FIRs have been registered and both sides
have sustained injuries. From the side of the prosecution, three person
sustained injuries and from the side of the applicants two persons sustained
injuries. The prosecution has not come with clean hands. It is very difficult to
decide as to which of the side was aggressor. The applicants are in jail since
15.4.2010.
It was next contended that the applicants are absolutely innocent and have
been falsely implicated in the instant case.
In view of the facts and circumstances of the case and submissions made by
the learned counsel for the applicants and without expressing any opinion on
the merits of the case the applicants are entitled to be released on bail.
Let the applicants Arvind, Ravindra, Devki Nandan involved in Case Crime
No.17-A/10 under Sections 308, 323, 504, 506 IPC, P.S. Jasrana, District
Firozabad be released on bail on their executing a personal bond and
furnishing two sureties each in the like amount to the satisfaction of the court
concerned subject to the following conditions :-
1. The applicants shall record his attendance before the concerned CJM
on the 7th day of every month.
2. The applicants shall not tamper with the prosecution evidence.
3. The applicants shall co-operate in the early conclusion of the trial and
will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial Court will be
at liberty to cancel the bail.
Order Date :- 22.7.2010
Pk