Heard learned counsel for the applicant and learned AGA appearing on behalf of State & perused the record.
It is contended by learned counsel for the applicant that the applicant has falsely been implicated in the aforesaid case due to ulterior motive. The first information report was lodged on 12.1.2010 by Jony Kumar with the allegation that two unknown persons riding on the motor cycle fired upon a lady as a result of which she sustained serious injuries. The injured lady disclosed her name as Smt. Babita Chaudhary. There is great inconsistency in the prosecution version. The medical report does not corroborate the prosecution version. There is no public witness to support the prosecution. The applicant is being prosecuted in the present case only on the basis of suspicion. On the other hand, learned AGA contended that there is active involvement of the applicant in the aforesaid offence. His complicity has come into light during investigation, therefore, the applicant does not deserve any indulgence of bail. Learned counsel for the applicant contended that the applicant is absolutely innocent and is languishing in jail since 30.3.09 . The applicant is not a previous convict. In case he is enlarged on bail, he will not misuse the liberty of bail.
Having considered the aforesaid submission advanced by learned counsel for the applicant and without expressing any opinion on the merits of the case, it is directed that the applicant Aishveer @ Yashveer involved in Case Crime No. 17 of 2010 under section 307 IPC Police Station Inchauli District Meerut be enlarged on bail on his executing a personal bond & two heavy sureties each in the like amount to the satisfaction of the court concerned with following conditions:-
1. The applicant will not temper with the evidence during trial.
2. The applicant will not pressurise/intimidate with the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed. In case of defiance of any of conditions, the prosecution would be at liberty to move application for cancellation of bail.
Order Date :- 16.6.2010 Naim