Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16005 of 2010 Petitioner :- Dhananjay Chaubey Respondent :- State Of U.P. Petitioner Counsel :- Vishnu Pratap Pandey Respondent Counsel :- Govt. Advocate,M.Upadhyaya Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application has been filed on behalf of the applicant Dhananjay Chaubey
who is accused in Case Crime No. 339 of 2010, under Section 307 I.P.C. and
3 (2) 5 S.C./S.T. Act, registered with P.S. Jhunsi, District Allahabad for being
enlarged on bail during the pendency of the trial.
It has been contended that the injured who has a long criminal history had
forcibly entered into the house of the applicant with a country made pistol
with a view to extract money from him. However when the applicant refused
to comply with illegal demand of the injured he tried to shoot the applicant
and in the scuffle they followed the injured received fire arm injury from his
own pistol accidentally.
He further contended that the injury report of the injured shows that their is no
internal damage.
Learned counsel for the applicant next contended that the applicant who is in
jail since 29.03.2010, has no criminal antecedents, and thus the applicant is
entitled to be enlarged on bail.
The prayer for bail is vehemently opposed by the learned A.G.A.
Considering the nature of submissions made on behalf of the applicant and the
fact that the applicant has no criminal antecedents, this court is of the view
that the applicant is entitled to be enlarged on bail during the pendency of the
trial.
Let the applicant Dhananjay Chaubey son of Gupteshwar Chaubey involved
iCase Crime No. 339 of 2010, under Section 307 I.P.C. and 3 (2) 5 S.C./S.T.
Act, registered with P.S. Jhunsi, District Allahabad, be released on bail on his
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:-
I. The applicant shall record his attendance before the concerned C.J.M.
on the 7th day of every month.
II. The applicant shall not tamper with the prosecution evidence.
III.The applicant 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 :- 15.7.2010
YK