Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant, Hempal seeks bail in case crime no. 97 of 2009, under Sections 323, 324,308,504 I.P.C., P.S.- Islamnagar, District-Badaun, during the pendency of the trial.
It is contended by learned counsel for the applicant that there is cross-version of the incident. From both the sides, FIRs have been registered and both sides have sustained injuries. From the side of the prosecution, two person sustained injuries and from the side of the applicants, one person sustained injury. The prosecution has not come with clean hands. It is very difficult to decide as to which of the side was aggressor. It is also contended that the other co-accused, Satyapal has been granted bail by this court vide order dated 11-12-2009. The applicant is in jail since 22-10-2009 and has no criminal history.
In view of the facts and circumstances of the case and submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Hempal involved in case crime no. 97 of 2009 under Sections 323, 324,308,504 I.P.C. P.S. Islamnagar, District-Badaun, be 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:-
1. The applicant shall record his attendance before the concerned C.J.M. On 7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. 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 :- 16.6.2010 RK/-