Heard learned counsel for the applicants, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. It is further submitted that false recovery against the applicant has been shown . There is no public witness of the incident. It is further submitted that infact the alleged incident occurred on 10-10-2008 but FIR was lodged on 17-1-2009. It is submitted that none of the injuries inflicted are dangerous to life. It is further submitted that the applicant does not have any criminal history. The applicant is in Jail since 19-1-2009. 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 Bhalla @ Niraj involved in Case crime no.133 of 2009 under section 323, 504, 506,307, 387 IPC, Police Station Kotwali district Mainpuri 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 shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ 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 behaviour. In case of breach of any of the above mentioned conditions the court below shall be at liberty to cancel the bail.
Order Date :- 11.1.2010 IA