Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15979 of 2010 Petitioner :- Shailesh Gautam Respondent :- State Of U.P. Petitioner Counsel :- Manoj Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Supplementary affidavit filed today be kept on record.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application has been filed on behalf of the applicant Shailesh Gautam
who is accused in Case Crime No. 608 of 2009, under Section 323, 307 and
406 I.P.C., registered with P.S. Sasanigate, District Aligarh, for being
enlarged on bail during the pendency of the trial.
Learned counsel for the applicant contended that the applicant is absolutely
innocent and he has been falsely implicated in the instant case.
He further contended that the although in the F.I.R. general allegations of
attacking the injured with Lathi and Danda have been made against all the co-
accused but it has not been specified as to which of the co-accused caused
injuries to the injured. There is no supplementary report of the injuries
received by the injured who was discharged after receiving treatment for four
days. He also contended that injuries are simple in nature.
He lastly contended that the applicant who has no criminal antecedents is in
jail since 12.01.2010 and thus he is entitled to be enlarged on bail during the
pendency of the trial.
The prayer for bail has been vehemently opposed by the Learned A.GA.
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 learned counsel for the applicant and the fact that the
applicant has no criminal antecedents, 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 Shailesh Gautam son of Gurudayal involved in Case Crime
No. 608 of 2009, under Section 323, 307 and 406 I.P.C., registered with P.S.
Sasanigate, District Aligarh, 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:-
I. The applicant shall record his attendance before the concerned C.J.M.
on the 7th day of every month.
II. The applicant shall not tamper with the prosecution evidence.
III.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 :- 19.7.2010
YK