Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34372 of 2009 Petitioner :- Vishal Nirvan Respondent :- State Of U.P. Petitioner Counsel :- Janardan Prasad Tripathi Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Applicant- Vishal Nirvan seeks bail in Case Crime No. 1547 of 2009
under Sections 147,148,149,307 IPC, Police Station Sahibabad,
District Ghaziabad.
Heard learned counsel for the applicant as well as learned AGA for the
State and perused the material placed on record.
It is contended by the learned counsel for the applicant that the injured
had assigned the role of firing to co-accused Satish and Ashok in his
statement recorded under Section 161 Cr.P.C. , thus the case of the
applicant is distinguishable from them. He further pointed out that under
the similar set of circumstances, co-accused Sunny and Bantee @
Vineet have been granted bail by another Bench of this Court on
27.11.2009 and 14.12.2009 respectively. He has further contended that
the applicant is in jail since 4.11.2009 and the trial has not commenced
which is likely to consume some more time to conclude. Moreover, there
is no criminal history to his credit. This fact has not been disputed by
learned A.G.A.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie,
satisfaction regarding proposed evidence and genuineness of the
prosecution case were duly considered.
Considering the totality of circumstances of the case, I consider it a fit
case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the
applicant- Vishal Nirvan involved in aforesaid crime be released on bail
on his furnishing a personal bond of Rs. 25,000/- and two sureties each
in the like amount to the satisfaction of the court concerned.
Order Date :- 13.1.2010
Mt/