Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34663 of 2009 Petitioner :- Shyam Veer Respondent :- State Of U.P. Petitioner Counsel :- Sanjive Kumar Gupta Respondent Counsel :- Govt Advocate 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
general role of firing at the victim has been assigned to the applicant and
other co accused . He further submits that the court below has already granted
bail to other co accused namely Rajpal, Rajveer and Ranveer on 12.10.2009 in
Bail Applications no. 2300/09 and 2447/09 He further submits that the case of
the applicant is similarly circumstanced but without assigning any cogent
reason, the court below has rejected the bail application of the applicant and
granted bail to other co accused. 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 4.10.2009.
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 Shyam Veer involved in Case Crime No. 655 of 2009 under
Sections 323,325,308,504 I.P.C., P.S.Rajpura, District Budaun 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 :- 2.2.2010
MLK