Heard learned counsel for the applicant and learned AGA for the State.
The main submission made by learned counsel for the applicant is that as per supplementary report (paper no. 18), no bony injury was caused on any vital part of the body and hence the offence punishable under section 307 IPC would not be made out and the case will not travel beyond section 324 IPC.
Next submission made by learned counsel is that there was no intention on the part of the applicant to make attempt to commit the murder of injured Amar Singh, as fire is said to have been made on the complainant Purushottam and not on the injured.
Having considered the submissions made by learned counsel for the parties and keeping in view the nature of the injury sustained by the injured Amar Singh, without expressing any opinion as to whether the offence punishable under section 307 IPC would be made out or not, applicant may be admitted to bail.
Let the applicant Gajendra @ Mannu s/o Harnam Singh be released on bail in case crime no. 723 of 2009 under sections 307, 504 IPC, P.S. Jalesar, District Etah on his executing a personal bond of Rs.30,000/- and furnishing two sureties each in the like amount to the satisfaction of the court concerned and on executing an undertaking in the following terms:-
1. The applicant shall not tamper with prosecution evidence by intimidating the witnesses.
2. He shall cooperate with speedy trial.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
On violation of any of the aforesaid conditions, the prosecution would be at liberty to move application for cancellation of bail.
Order Date :- 28.1.2010 yachna