Court No. - 28 Case :- BAIL No. - 5028 of 2010 Petitioner :- Irfan Chakki Valey Respondent :- The State Of U.P. Petitioner Counsel :- Rishad Murtaza Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant, the learned AGA and perused the
record.
The learned counsel for the applicant submitted that a cross case crime no.
450 of 2008 under sections 147,148, 149, 307, 302 IPC has also been
registered against the complainant’s side and one person from the accused side
had died in the incident. It was next submitted that in the cross case most of
the accused persons have already been enlarged on bail and some of the
accused in the present case have also been enlarged on bail. Two more case
crime no. 451/2008 and 456/2008 arising out of the same incident have also
been lodged. It was further submitted that the FIR of the present case was
lodged after about 5 days on 3.11.2008 as a counter blast of the murder case.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of offence and evidence, complicity of the
accused, the severity of punishment and submissions of the learned counsel
for the applicant and the learned AGA, I am of the view that the applicant has
made out a case for bail.
Let the applicant Irfan Chakki Valey involved in the case crime no. 450A of
2008 under sections 147, 148, 186, 323, 332, 336, 353, 427, 436 and 504 IPC,
police station Tikoniya, district Kheri, be released on bail on his furnishing a
personal bond and two sureties each in the like amount to the satisfaction of
the CJM concerned.
Order Date :- 16.7.2010
RKSh