Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 930 of 2010 Petitioner :- Bhalla @ Niraj Respondent :- State Of U.P. Petitioner Counsel :- N. K. Maurya Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the
record.
It is submitted by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. It is further submitted that false
recovery against the applicant has been shown . There is no public witness of
the incident. It is further submitted that infact the alleged incident occurred on
10-10-2008 but FIR was lodged on 17-1-2009. It is submitted that none of the
injuries inflicted are dangerous to life. It is further submitted that the applicant
does not have any criminal history. The applicant is in Jail since 19-1-2009.
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 Bhalla @ Niraj involved in Case crime no.133 of 2009
under section 323, 504, 506,307, 387 IPC, Police Station Kotwali district
Mainpuri 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 shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ 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 mentioned conditions the court below
shall be at liberty to cancel the bail.
Order Date :- 11.1.2010
IA