Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2716 of 2010
Petitioner :- Jaivir
Respondent :- State Of U. P.
Petitioner Counsel :- Hemdrna Pratap Singh
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 only in order to harass
and victimise him. The prosecution case is that the applicant along with one
other co accused Ajay fired on the informant but he got narrow escape and the
co accused Ajai had tried to have illicit relations with the wife of the
informant. He further submits that co accused Dilip has already been granted
bail by the court below.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 6.1.2010.
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 Jaivir involved in Case Crime No. 919 of 2009 under
Sections 323,286,452,506 I.P.C., P.S. Iglas, District Aligarh 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 :- 3.2.2010
MLK
Neutral Citation No. - 2010:AHC:15259