Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15070 of 2010 Petitioner :- Sanjeev @ Sanjay Respondent :- State Of U.P. Petitioner Counsel :- Pankaj Bharti Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and learned AGA appearing on behalf
of State & perused the record.
It is contended by learned counsel for the applicant that the applicant has
falsely been implicated in the aforesaid case due to ulterior motive. Initially
an N.C.R. was lodged under section 323 IPC with the allegation that the
applicant had assaulted with lathi /Ballam as a result of which the first
informant had sustained injuries on the forehead and other parts of the body.
After medical examination, the NCR was converted into first information
report vide Case Crime No.799 of 2010 under section 308/323/325 IPC .
There is great inconsistency in the prosecution version. The medical report
does not support the prosecution version.
On the other hand learned AGA contended that the injured had sustained
injuries on the vital part of the body which is corroborated from the medical
report therefore, the applicant does not deserve any indulgence of bail.
Learned counsel for the applicant has contended that the applicant is
absolutely innocent person and is languishing in jail since 19.5.2010. The
applicant is not a previous convict. In case he is enlarged on bail, he will not
misuse the liberty of bail.
Having considered the aforesaid submission advanced by learned counsel for
the applicant and without expressing any opinion on the merits of the case, it
is directed that the applicant Sanjeev @ Sanjay involved in Case Crime No.
799 of 2010 under section 323/308/325 IPC, Police Station Khatauli, District
Muzaffar Nagar be enlarged on bail on his executing a personal bond & two
heavy sureties each in the like amount to the satisfaction of the court
concerned with following conditions:-
1. The applicant will not temper with the evidence during trial.
2. The applicant will not pressurise/intimidate with the prosecution
witnesses.
3. The applicant will appear before the trial court on the date fixed.
In case of defiance of any aforementioned conditions, the prosecution
would be at liberty to move application for cancellation of bail.
Order Date :- 16.6.2010
Naim
