Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20364 of 2010 Petitioner :- Sarwar And Another Respondent :- State Of U.P. Petitioner Counsel :- Shahabuddin 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
there is a cross version of the incident and the applicants’ side has also
received some injuries but there is no explanation of those injuries, as such
the prosecution has not come with clean hands. He further submits that it can
not be ascertained , at this stage, as to who was the aggressor. He further
submits that the applicants have got no criminal history to their credit and
there are no chances of their fleeing away from the judicial process or
tampering with the prosecution evidence, and are in jail since 11.6.2010.
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 applicant have made out a case for bail.
Let the applicants Sarwar and Nawasey involved in Case Crime No. 421 of
2019 under Sections 307,506 I. P. C., P.S. patwai , District Rampur be
released on bail on his 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 :- 4.8.2010
MLK