Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15059 of 2010 Petitioner :- Sanju @ Sanjeev Respondent :- State Of U.P. Petitioner Counsel :- Archna Kesharwani,D.K. Kesharwani,R. Gupta Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard, the learned counsel for the applicant, the learned AGA for the
State and perused the record.
The present bail application has been moved by the applicant Sanju
alias Sanjeev in case crime no.1 of 2010, under Section 307, 323, 504
IPC, P.S. Kotwali, District Agra, with a prayer that he may be admitted to
bail.
According to the FIR, the incident is said to have been taken place in the
night of 31.12.2009 at 11:30 pm, the applicant is said to have caused fire
arm injury. The FIR was registered on 1.1.2010.
It is contended by the learned counsel for the applicant, that the
applicant has been assigned the role of firing upon the injured causing
injury over his stomach. The applicant has been falsely implicated in the
case, the co-accused have already been granted bail by the court below.
The applicant has nothing to do with the alleged incident. Even, if the
prosecution case is taken to be true, the injuries are simple in nature
according to the medical opinion.
The learned AGA has contended that, specific role of firing has been
attributed to the applicant, therefore the applicant is not liable for any
indulgence. In case, he is enlarged on bail, he will try to intimidate the
witnesses.
On the other hand, the learned counsel for the applicant has contended
that, the applicant has no criminal antecedent and is not a previous
convict. The applicant has been falsely implicated in the case. In case,
he is enlarged on bail, he will not misuse the liberty of bail. The applicant
is in jail since 6.2.2010.
In view of the aforesaid facts and circumstances, without expressing any
opinion about the merits of the case, let the applicant, Sanju alias
Sanjeev involved in case crime no.1 of 2010, under Section 307, 323,
504 IPC, P.S. Kotwali, District Agra, be enlarged on bail on his executing
a personal bond and furnishing two heavy 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.
In defiance of the above conditions, the prosecution would be at liberty to
move application for cancellation of bail.
Order Date :- 16.6.2010
Mustaqeem.