Heard learned counsel for the applicants and the learned A.G.A.
The applicants Udai Shankar and Ghatshant Shukla seek bail in case crime no. 280 of 2009, under Sections 147, 323, 504, 506, 332, 336, 427 and 308 I.P.C. and 7 Criminal Law Amendment Act, P.S. Walterganj, District Basti for being enlarged on bail during the pendency of the trial.
It is contended by learned counsel for the applicants that although the applicants are named in the FIR but no specific role of causing injury to the injured has been attributed to them. It has further been contended that incident took place during public demonstration against the police authorities against the manner in which the post morterm of a deceased had been conducted by the doctors. It has been next contended that the applicants who are in jail since 19.4.2010 have no criminal history to his credit.
The prayer for bail is, however, vehemently opposed by the learned AGA.
Without expressing any opinion on the merits of the matter, I consider it appropriate to release the applicants on bail.
Let the applicants Udai Shankar and Ghatshant Shukla involved in case crime no. 280 of 2009, under Sections 147, 323, 504, 506, 332, 336, 427 and 308 I.P.C. and 7 Criminal Law Amendment Act, P.S. Walterganj, District Basti 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 :- 16.6.2010 Prabhat