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. He further submits that the F.I.R. is not consistent with the statement of the injured. He further submits that the F.I.R. was lodged against unknown persons but according to the statement of the injured specific role has been assigned to Bobby and Prahlad who are alleged to have fired indiscriminately by their country made pitols. He further submits that no specific role has been assigned to the applicant. He further submits that co accused Parmit and Braj Mohan alias Pinku have been granted bail by this court on 4.11.2009 in Criminal Misc. Bail Application No. 29376/09. He further submits that the applicant has no criminal history and is in jail since 10.4.2009.
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 Amit Chhoker involved in Case Crime No. 604 of 2009 under Sections 307,326,34,120-B,420,467,471 I.P.C. and Section 3(2)5 of SC/ST Act P.S. Civil Lines, District Muzaffar Nagar 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 :- 7.1.2010 MLK