Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17848 of 2010 Petitioner :- Yusuf Respondent :- State Of U.P. Petitioner Counsel :- Tahir Husain Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned AGA for the State.
It is contended by learned counsel for the applicant that the applicant is
wholly innocent and has been falsely implicated in the present case due to
enmity with the first informant. It is next contended that fire arm injury
received by the injured is on non vital part and no case under Section 307 IPC
is made out against the applicant. It has lastly been contended that the
applicant has no criminal history and is in jail since 26.11.2009.
Learned AGA vehemently opposed the prayer for bail on the ground that the
applicant has a long criminal history. thus he is not entitled to grant of bail.
Per contra, learned counsel for the applicant submitted the cases in which he
was involved are under Sections 110 Cr.P.C.,8/25 Arms Act and 3(1)
Gangster Act and in all these cases, he has been enlarged on bail.
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 the learned counsel for the applicant, this Court is of the
view that the applicants are entitled to be enlarged on bail during the
pendency of the trial.
Let the applicant Yusuf, involved in Case Crime No.544 of 2009 under
Sections 307, 50-4, 50-6 IPC., P.S. Kampil, District Farrukhabad 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 :-
1. The applicant shall record his attendance before the concerned CJM on
the 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 :- 2.8.2010
Pk