Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14421 of 2010 Petitioner :- Arwind Respondent :- State Of U.P. Petitioner Counsel :- Amit Saxena Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and the learned AGA appearing on
behalf of State.
It is contended that the applicant is absolutely innocent and has been falsely
implicated in the instant case.
It has further been contended that general allegations of causing fire arm
injuries to the injured have been made against both the co accused and the
applicant but the injuries allegedly received by the injured are on the non vital
part of his body and no case under Section 307 IPC is made out against the
applicant .
It has lastly been contended that the applicant is in Jail since 22.2.2010.
The prayer for bail has been vehemently opposed by the learned AGA on the
ground that the applicant has been convicted in in a case under Section
366/376 IPC in the year 1990.
Learned counsel for the applicant replied that the order of conviction in said
case has been challenged in appeal which is pending and in the said appeal
the applicant has been enalrged on 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 Arwind involved in Case Crime No. 89 of 2010 under
Sections , under Section 307/452/506/147/148/149/ IPC Police Station Modi
Nagar Ghziabad, , 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 behaviour.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
cps
26.7.2010