Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1873 of 2010 Petitioner :- Raghav Singh @ Munna Lal And Another Respondent :- State Of U.P. Petitioner Counsel :- Tufail Hasan Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
initially a F.I.R. was registered in case crime no. 21 of 2006 under sections
307 and 504 I.P.C. on 16,3,2006 at 3.15 P.M. and the applicant was granted
bail by the court below on 23.5.2008 in Bail Application No. 786 of 2008. He
further submits that on the very same day, immediately after 45 minutes of
registration of the above case, another F.I.R. in case crime No. 22 of 2006
under sections 147,332,336,353,323 and 307 I.P.C. was registered against the
applicant at 4 .00 P.M. . He further submits that the applicant has been falsely
implicated in the case by concocting absolutely a false and fabricated story
with the collusion of the informant . He further submits that , in fact, no injury
was caused by the applicant to the victim and, the injuries alleged to have
been caused are simple in nature and they appear to have been self inflicted
only with a view to harass and victimise the applicant . He further submits
that appliant along with other co accused had approached this Court by filing
writ petition no. 3836 of 2006 and this court had granted interim protection to
them vide order dated 4.4.2006. He further submits that even from the
applicant’s side his wife had also sustained injury and the prosecution has not
explained those injuries.She filed complaint case No. 1070/06 against the
informant and other co accused under sections 323,324,504,506,452,354
I.P.C. and the same is still pending before the court below. He further submits
that the applicant has no criminal history and is in jail since 22.12.2009.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
In view of the facts and circumstances of the case and submissions made by
learned counsel for the applicant and learned A.G.A. and without expressing
any opinion on the merits of the case the applicant is entitled to be released on
bail.
Let the applicants Raghav Singh alias Munna Lal and Dinesh Chandra
involved in Case Crime No. 22 of 2009 under Sections
147,332,336,353,323,307 I.P.C., P.S. Line Par, District Firozabad be released
on bail on his furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the court concerned with the following
conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 25.1.2010
MLK