Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16298 of 2010 Petitioner :- Navin Chandra Mishra @ Bachchan Respondent :- State Of U.P. Petitioner Counsel :- Santosh Kumar Singh Respondent Counsel :- Govt Advocate 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 Navin Chandra
Mishra @ Bachchan who is accused in Case Crime No. 200 of 2010, under
Sections 504, 506 amd 308 I.P.C., registered with P.S. Line Bazar, District
Jaunpur for being enlarged on bail during the pendency of the trial.
It has been argued by learned counsel for the applicant that the incident took
place on 09.02.2010 at about 1.20 p.m.
He next contended that according to the F.I.R. the applicant caused injuries to
the injured by assaulting him with bricks. The injury report contains injuries
caused by iron rods, with which other co-accused were armed. He further
contended that the applicant is innocent and he has been falsely implicated in
the instant case due to local enmity.
He lastly contended that the applicant who has no criminal antecedents to his
credit is in jail since 29.03.2010 and thus he is entitled to be enlarged on bail.
Per contra the learned A.GA. has opposed the prayer for bail.
Keeping in view the nature of offence, severity of punishment, reasonable
apprehension of tampering with the evidence, prima facie satisfaction
regarding proposed evidence and genuineness of the prosecution case,
submissions made by learned counsel for 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 Navin Chandra Mishra @ Bachchan son of Sri Krishna Kant
Mishra involved in Case Crime No. 200 of 2010, under Sections 504, 506 and
308 I.P.C., registered with P.S. Line Bazar, District Jaunpur, 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 adjournment.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
Order Date :- 21.7.2010
YK