Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18163 of 2010 Petitioner :- Opendra And Another Respondent :- State Of U.P. Petitioner Counsel :- Sunil Singh Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
This application has been filed on behalf of the applicants Opendra and
Jogendra who are accused in Case Crime No. 363 of 2010, under Sections 452
and 307 I.P.C., registered with P.S. Garh Mukteshwar, District Ghaziabad for
being enlarged on bail during the pendency of the trial.
Learned counsel for the applicants contended that although the applicants
were named in the F.I.R. but no role of causing injuries to the injured was
assigned to them and the role of causing fire arm injuries to the injured was
attributed to the co accused Devendra.
It has further been contended that the injured in his statement recorded under
Section 161 of the Cr. P.C. stated that the applicants had also fired at him but
the same missed him. The injury report of the injured / first informant shows
only one fire arm injury on the thigh of the injured which is a non-vital part.
He next contended that the applicants who have no criminal antecedents, are
in jail since 07.06.2010 and thus they are entitled to be enlarged on bail.
Per contra the Learned A.GA. vehemently 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
applicants have no criminal antecedents, this court is of the view that the
applicants are entitled to be enlarged on bail during the pendency of the trial.
Let the applicants Opendra and Jogendra involved Case Crime No. 363 of
2010, under Sections 452 and 307 I.P.C., registered with P.S. Garh
Mukteshwar, District Ghaziabad be released on bail on their 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 applicants shall record their attendance before the concerned
C.J.M. on the 7th day of every month.
II. The applicants shall not tamper with the prosecution evidence.
III.The applicants 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 their bail.
Order Date :- 30.7.2010
YK