Supplementary affidavit filed today, is taken on record.
Heard, the learned counsel for the applicant, the learned AGA for the State and perused the record.
The present bail application has been moved by the applicant Manmohan Alias Tufani in case crime no. 418 of 2010, under Sections 147, 323, 308, 504, 506 IPC, P.S. Buxa, District-Jaunpur, with a prayer that he may be admitted to bail.
It is contended by the learned counsel for the applicant, that applicant and five others have been assigned causing injuries with lathi and Danda on account of which the complainant has sustained injury. The medical report does not support the prosecution case about the manner of the incident and vague allegations have been made in the FIR. The applicant is in jail since 05.05.2010. He is not previously convicted and is having no criminal history. In case, he is enlarged on bail, he will not misuse the liberty of bail. Per contra the learned A.G.A. has contended that on account of brutal assault by all six accused person, the injured has sustained fracture of rib and the applicant has taken active part. Therefore, he is not entitled for any indulgence.
In view of the aforesaid facts and circumstances, without expressing any opinion about the merits of the case, let the applicant, Manmohan Alias Tufani involved in case crime no.418 of 2010, under Sections 147, 323, 308, 504, 506 IPC, P.S. Buxa, District-Jaunpur, be enlarged on bail, on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii)The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed. In defiance of the above conditions, the prosecution would be at liberty to move application for cancellation of bail.
Order Date :- 14.6.2010 Sunil Kr Tiwari