Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5504 of 2009 Petitioner :- Mohan Baheliya Respondent :- State Of U.P. Petitioner Counsel :- N.K. Singh Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
Counter affidavit has been filed today by the learned A.G.A. which is
taken on record.
Heard learned counsel for the applicant as well as learned A.G.A.
appearing for the State and perused the material placed on record.
Applicant-Mohan Baheliya seeks bail in Case Crime No. 437 of 1999,
under Sections 323,302,307,504,506 I.P.C., Police Station
Mohammadabad, District Farrukhabad.
Submissions have been made on behalf of the applicant that four
persons including the applicant are alleged to have opened fire upon the
deceased but the deceased has received only one injury on his person
due to which he succumbed on the spot. He has further contended that
under the similar set of circumstances, co-accused Hulli and Naresh
have been granted bail by this Court and the applicant could not be
released on bail because of some criminal cases shown against him. He
has further submitted that in the criminal cases shown against the
applicant, he is either acquitted or has been released on bail.
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 dully considered.
Considering the totality of circumstances of the case, I consider it a fit
case to enlarge the applicant on bail.
Taking note of the submissions made by the learned counsel for the
applicant and without expressing any opinion on the merits of the case,
let the applicant- Mohan Baheliya involved in aforesaid crime be
released on bail on his furnishing a personal bond of Rs. 50,000/- and
two sureties each in the like amount to the satisfaction of the court
concerned and executing an undertaking in the following terms:
1. The applicant shall appear on every date before the trial court
and shall not seek unnecessary adjournment.
2. The applicant shall not tamper with evidence in any manner.
3. The applicant shall report to the court of C.J.M. concerned in the
first week of each month till the conclusion of the trial to show his
good conduct and behaviour. In default of any of the aforesaid
conditions, the bail granted to the applicant shall be deemed to
be cancelled and he shall be taken into custody by the court
concerned.
Order Date :- 5.1.2010
Mt/