Court No. - 43 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14239 of 2010 Petitioner :- Chaman @ Kallan Respondent :- State Of U.P. Petitioner Counsel :- Chandra Shekhar Kushwaha Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Counsel for the applicants files Supplementary Affidavit.
Heard learned counsel for the applicant and the learned A.G.A. and perused
the record.
It is contended by learned counsel for the applicant that the applicant is not
named in the F.I.R. The name of the applicant has been disclosed by the
injured in the second statement, the second statement was recorded after one
month from his statement recorded under Section 161 Cr.P.C. It is alleged that
one countrymade pistol has been recovered from the possession of the
applicant. There is no evidence agaisnt the applicant. The applicant is in jail
since 13.1.2009.
In view of the facts and circumstances of the case and submissions made by
the learned counsel for the applicant and without expressing any opinion on
the merits of the case the applicant is entitled to be released on bail.
Let the applicant Chaman @ Kallan involved in case crime no. 1694 of 2008,
S.T. No. 161 of 2009, under Sections 328, 394, 302, 201, 307 IPC, P.S.
Gajraula, District-J.P. Nagar be released on bail on his furnishing a personal
bond and two heavy sureties each in the like amount to the satisfaction of the
Court concerned with the conditions that:-
1. That the applicant shall not tamper with the evidence.
2. That he shall report to the Court of C.J.M. concerned in the first week of
each month to show his good conduct and behaviour till conclusion of the
trial.
In case of default of any of the above mentioned conditions, the bail granted
to the applicant shall be deemed cancelled and he shall be taken into custody
forthwith.
Order Date :- 12.7.2010
Ashish Tripathi