Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18742 of 2010 Petitioner :- Ramesh Chandra Respondent :- State Of U.P. Petitioner Counsel :- D.K. Srivastava Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned AGA for the State.
It is contended by learned counsel for the applicant that initially the applicant
was charged under Section 307, 323 IPC in Case crime No. 558 of 2010 and
in the said case he has been enlarged on bail. During investigation Sections
504, 506 & Section 3(1) (X) SC/ST Act were added. It has lastly been
contended that the applicant has no criminal history and is in jail since
3.4.2010.
The aforesaid factual aspects of the matter has not been disputed by learned
AGA.
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 the learned counsel for the applicant and without
expressing any opinion on the merits of the case, this Court is of the view that
the applicant is entitled to be enlarged on bail during the pendency of the
trial..
Let the applicant Ramesh Chandra, involved in Case Crime No.558 of 2010
under Sections 504, 506, IPC.,& Section 3(1) (X) SC/ST Act, P.S. Kalwari,
District Basti 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 :-
1. The applicant shall record his attendance before the concerned CJM on
the 7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant 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 the bail.
Order Date :- 2.8.2010
Pk