Heard learned counsel for the applicant and the learned A.G.A. for the State. This application has been filed on behalf of the applicant Ghan Shyam Varma who is accused in Case Crime No. 939 of 2010, under Sections 147, 323, 353, 332, 337, 504, 506 I.P.C., registered with P.S. Kotwali Khalilabad, District Sant Kabir Nagar for being enlarged on bail during the pendency of the trial.
The submission is that the incident is said to have taken at night. A mob had attacked the power sub station in which a Junior Engineer was injured. It is further contended that although the applicant is named in the F.I.R. but his implication is false and is a consequence of local enmity as it was not possible for any one to identify any person due to darkness and there being no source of light.
He lastly contended that the applicant has no criminal antecedents and he in in jail since 28.5.2010.
The bail prayer has however been opposed by the learned A.G.A.
Considering the nature of submissions made on behalf of the applicant and the fact that the applicant has no criminal antecedents, this court is of the view that the applicant is entitled to be enlarged on bail.
Let the applicant Ghan Shyam Varma son of Shri Ramashrya Varma involved in Case Crime No. 939 of 2010, under Sections 147, 323, 353, 332, 337, 504, 506 I.P.C., registered with P.S. Kotwali Khalilabad, District Sant Kabir Nagarbe released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
I.The applicant shall record his attendance before the concerned C.J.M. on the 7th day of every month.
II.The applicant shall not tamper with the prosecution evidence. III.The applicant shall co-operate in the early conclusion of the trial and will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 15.6.2010 vks