Case called out in the revised list.
The present bail application has been filed for enlarging the accused-applicant on bail in Case Crime No. 895 of 2011, under Sections 320/34 IPC, Police Station Bisauli, District Badaun.
Heard the learned counsel for the accused-applicant as well as the learned A.G.A. and perused the record.
It is contended that according to the version made in the first information report all the three accused persons were involved in causing injuries to the deceased by Farsa and Gadasa whereas in the statement recorded under section 161 Cr.P.C. the statements have been modulated and it comes out that the accused applicant was assigned the role of catching hold of the deceased while all other co-accused were giving Gadasa and Farsa blows to him.
This fact has also been conceded by the learned A.G.A in his counter affidavit. Besides this, no criminal antecedents have been pointed out against the accused applicant.
Without going into the merits of this case at this stage and considering the role assigned to the accused applicant of catching hold and considering the entirety of the circumstances, I think it expedient that accused-applicant, Bhurey alias Hetram, who is involved in the aforesaid case crime, be enlarged on bail on his furnishing a personal bond of Rs.one lakh with two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions that:
1.the applicant will not tamper with the evidence during the trial.
2. the applicant will not pressurize/intimidate the prosecution witness, and
3. the applicant shall not absent himself from appearing in the court on the date fixed without prior permission of the Court.
Subject to the above observations/directions, this bail application is finally disposed of.
Order Date :- 19.4.2012 SC