Counter affidavits have been filed by learned counsel for the informant as well as learned A.G.A. which are taken on record. Rejoinder affidavit has also been filed by the learned counsel for the applicant, which is also taken on record Applicant- Jhalmal Srivastava seeks bail in Case Crime No. 1733 of 2009 under Sections 147,148,149,323,504,506,308,427,379 IPC , Police Station Robertsganj, District Sonbhadra.
Heard learned counsel for the applicant and Sri S.N. Tiwari learned counsel appearing on behalf of informant as well as learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant has submitted that seven persons inclusive of the applicant as well as 10 to 12 unknown assailants assaulted and caused the injuries to seven persons including the informant with lathi and danda. He has further contended that the injuries sustained by Kamlesh, Ravindra Nath, Subhash Pathak and Madan Mohan were simple in nature. As far as the injuries of Ganesh, Diwakar and Manoj are concerned, they were kept under observation and the X-ray was advised. As per supplementary report injured Ganesh Pathak has received one fracture on the parietal bone while injured Diwakar received four injuries out of which injury no.2 was found to be fracture on forearm, injured Manoj has also received five injuries and received fracture on right and left forearm and Ganesh Pathak received five injuries which were kept under observation and ultimately a parietal bone was found to be fractured and it has not been specified as to who was the author of the aforesaid grievous injury He further submits that in all the criminal cases which are alleged to be pending against him the applicant is on bail. He next submits that the applicant is in jail since 6.11.2009 and the trial has not commenced which is likely to consume some more time to conclude.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Considering the totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant- Moostkim involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs. 25,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that;
1.The applicant shall not tamper with the prosecution evidence by intimidating the witnesses.
2.He shall cooperate with the investigation and speedy trial.
3.He shall not indulge in any criminal activity or commission of any crime after being released on bail.
Order Date :- 11.1.2010 Mt/