Allahabad High Court High Court

Sonu And Others vs State Of U.P. on 15 June, 2010

Allahabad High Court
Sonu And Others vs State Of U.P. on 15 June, 2010
Court No. - 6

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10993 of 2010

Petitioner :- Sonu And Others
Respondent :- State Of U.P.
Petitioner Counsel :- Atul Sisodia,Rajeev Sisodia
Respondent Counsel :- Govt Advocate

Hon'ble Bala Krishna Narayana,J.

Heard learned counsel for the applicants and the learned A.G.A.

The applicants Sonu, Monu, Babu Singh and Bheem Singh seek bail in case
crime no. 138 of 2010, under Sections 323, 324, 308, 328 I.P.C., P.S.
Dhampur, District Bijnor for being enlarged on bail during the pendency of
the trial.

It is contended by learned counsel for the applicants that there is cross version
of the incident from both the sides, FIRs have been registered and both the
sides have sustained injuries. The prosecution has not come with clean hands.
It is very difficult to decide as to which of the side was aggressor. The
applicants are in jail since 15.1.2010.

It was next contended that the applicants absolutely innocent and have been
falsely implicated in the instant case.

In view of the facts and circumstances of the case and submissions made by
the learned counsel for the applicants and without expressing any opinion on
the merits of the case the applicants are entitled to be released on bail.

Let the applicants Sonu, Monu, Babu Singh and Bheem Singh involved in
case crime no. 138 of 2010, under Sections 323, 324, 308, 328 I.P.C., P.S.
Dhampur, District Bijnor be released on bail on their furnishing a personal
bond and two sureties each in the like amount to the satisfaction of Court
concerned subject to the following conditions:-

1. The applicant shall record his attendance before the concerned C.J.M. on
7th day of every month.

2. The applicant shall not tamper with the prosecution evidence.

3. 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 :- 15.6.2010

Prabhat