Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32839 of 2009 Petitioner :- Ismail Respondent :- State Of U.P. Petitioner Counsel :- K.P.Verma Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Applicant- Ismali seeks bail in Case Crime No.1718 of 2009 under
Section 376 IPC, Police Station Loni, District Ghaziabad.
Heard learned counsel for the applicant as well as learned AGA for the
State and also perused the material placed on record.
It is contended by the learned counsel for the applicant that two injuries
were sustained by the injured Nazakat out of which injury no.1 is 0.5
x0.5 c.m. on the right side chest which apparently appears to be simple
in nature. He has further contended that in the absence of any
supplementary report, tit cannot be presumed that injury was grievous
and dangerous to life. He has further contended that the applicant is in
jail since 24.9.2009 and the trial has not commenced which is likely to
consume some more time to conclude. Moreover, there is no criminal
history to his credit. This fact has not been disputed by learned A.G.A.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie,
satisfaction regarding proposed evidence and genuineness of the
prosecution case were duly considered.
Considering the totality of circumstances of the case, I consider it a fit
case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the
applicant- Ismail involved in aforesaid crime be released on bail on his
furnishing a personal bond of Rs. 25,000/- and two sureties each in the
like amount to the satisfaction of the court concerned.
Order Date :- 8.1.2010
Mt/