Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2768 of 2010 Petitioner :- Rais Ahmad And Another Respondent :- State Of U. P. Petitioner Counsel :- I. M. Khan Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the
record.
It is submitted by learned counsel for the applicants that the applicants are
innocent and have been falsely implicated. It is further submitted that there is
a cross-case and both sides have sustained injuries. He further submits that
one person from the applicants’s side was killed in the incident and there is no
explanation of the injuries sustained by the applicants’s side, as such it can not
be ascertained, at this stage, as to who was aggressor. He further submits that
the applicants have got no criminal history to their credit and there are no
chances of their fleeing away from the judicial process or tampering with the
prosecution evidence, and are in jail since 31.10.09.
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 applicants have made out a case for bail.
Let the applicants Rais Ahmad & Noor Ali @ Noor Nabi involved in Case
Crime No. 1756-A of 2009, under Sections 147, 148, 149 & 307 I.P.C., P.S.
Shahabad, District Rampur be released on bail on their 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 applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurise/ intimidate the prosecution witness.
(iii)The applicants 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 their 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 :- 3.2.2010
vinay