Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18022 of 2010 Petitioner :- Ram Baran And Others Respondent :- State Of U.P. Petitioner Counsel :- P.C. Srivastava Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused
the record.
Learned counsel for the applicants submit that the applicants are
innocent and have been falsely implicated. He further submits that there
is a cross version of the incident and both sides have sustained injuries.
He further submits that the applicant has been assigned the role of
using Pharsa, but no injury has been caused by Pharsa. He further
submits that the applicant has got no criminal history to his credit and
there is no chance of his fleeing away from the judicial process of
tampering with the prosecution evidence and are in jail since 24-4-2010.
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 Ram Baran, Parshuram and Shambhu involved in
Case Crime No. 329 of 2010 under Sections 147, 148, 149, 323,
308,504 , 325, IPC, P.S. Bansgaon, District Gorakhpur 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 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 :- 15.7.2010
IA