Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32571 of 2009 Petitioner :- Shilendra @ Sheelu Respondent :- State Of U.P. Petitioner Counsel :- Kamlendra Singh Jadaun Respondent Counsel :- Govt Advocate,Vikash Shamra Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
no motive has been attributed to the applicant for causing injury to the
injured. He further submits that the injuries alleged to have been sustained
by the victim were on non vital part of the body and as such it can not be
said that the said injuries were dangerous to life. He further submits that
no X ray of any of the injuries was done . He further submits that so far as
criminal history of the applicant is concerned the same has been explained
in the supplementary affidavit. He further submits that the applicant has got
no criminal history to his credit and there are no chances of his fleeing away
from the judicial process or tampering with the prosecution evidence, and is in
jail since 8.9.2009.
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 has made out a case for bail.
Let the applicant Shilendra alias Sheelu involved in Case Crime No.208 of
2009 under Sections 147, 148, 149, 336, 307, 323, 504, 506 I.P.C.,
P.S.Quarsi , District Aligarh 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 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.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his 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 :- 8.7.2010
MLK