Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10772 of 2010 Petitioner :- Arvind Pal Respondent :- State Of U.P. Petitioner Counsel :- Rajeev Kumar Saxena Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Heard learneed counsel for the applicant and the learned AGA appearing on
behalf of State respondent.
Learned counsel for the applicant submitted that the applicant is absolutely
innocent and has been falsely implicated in the instant case.
It has further been submitted that general allegations have been made against
both the accused of causing injuries but the statement of injured has not been
recorded under Section 164 Cr.P.C.
It has also been contended that the applicant has no criminal antecedent to his
credit and is languishing in jail since 19.3.2010 and thus he is entitled to be
enlarged on bail.
learned AGA vehemently opposed the prayer for bail.
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 Arvind Pal involved in Case Crime No. 122 of 2010 under
Sections 323/504/506/308 IPC , P.S. Auraiya , District Auraiya 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 Chief Judicial Magistrate concerned in the
first week of each month to show his good conduct and behaviour.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 26.7.2010
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