Jaivir v. State Of U. P.

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