Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12667 of 2010 Petitioner :- Ram Bhajan @ Bhajan Lal @ Bhaiyan Lal @ Bhaiyan Respondent :- State Of U.P. Petitioner Counsel :- Alok Sharma Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A.G.A. for the
State.
It is contended by learned counsel for the applicant that there is cross
version of the incident from both the sides, FIRs have been registered
and both sides have sustained injuries. From the side of the
prosecution, one person has has suffered fire arm injuries and from
the side of the applicant two persons sustained injuries. It is very
difficult to decide as to which of the side was aggressor.
The prosecution has not come with clean hands.
The applicant is in jail since 5.5.2007.
It was next contended that the applicants are absolutely innocent and
have been falsely implicated in the instant case.
In view of the facts and circumstances of the case and submissions
made by the learned counsel for the applicant and without expressing
any opinion on the merits of the case the applicant isentitled to be
released on bail.
Let the applicant Ram Bhajan alias Bhajan Lal , alias Bhaiya Lal alias
Bhaiyan involved in case crime no. 255 of 2007 under Section , 307,
504, 506 I.P.C. P.S. Jalalabad District Shahjahanpur 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 their 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 cooperate 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 the bail.
Order Date :- 12.7.2010
cps