Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17347 of 2010 Petitioner :- Sanjiv Kumar Dubey And Another Respondent :- State Of U.P. Petitioner Counsel :- Anjani Kumar Sinha 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 the learned counsel for the applicants that the applicants are
innocent and have been falsely implicated in the case. He further submits
that the applicants are alleged to have fired upon the police party but no body
had received any injury, as such it is a case of no injury. He further submits
that few more cases were maliciously instituted against the applicant and the
applicant has not committed the offence as alleged by the prosecution. He
further submits that there is no chance of the applicants’ fleeing away from
the judicial process or tampering with the prosecution evidence. They are in
jail since 26.9.2007.
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 Sanjiv Kumar Dubey and Dilip Kumar involved in Case
Crime No. 373 of 2007 under Section 307 I.P.C. and Section 7 of Criminal
Law Amendment Act, Police Station Kotwali Ballia, District Ballia 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 applicants 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 :- 12.7.2010
vinay