Heard learned counsel for the applicant, 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. He further submits that that simple injuries have been sustained by the victim.
It is further submitted by learned counsel for the applicant that in the present case co accused Swalin, whose case stands on the same footing, has been granted bail by this Court on 24.10.09 in Criminal Misc. Bail Application No. 28027 of 2009 and has claimed parity. This fact has not been disputed by the learned A.G.A. He further submits that the applicant has no criminal history and is in Jail since 26.11.09.
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 Bholey @ Bhalu involved in Case Crime No. 393 of 2009,under Sections 147, 148, 307 IPC, 7 Criminal Law Amendment Act & 12 Dacoity Affected Area, P.S. Chatta, District Agra 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.
Order Date :- 7.1.2010 vinay