Counter affidavit has been filed today by the learned A.G.A. which is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the material placed on record.
Applicant-Mohan Baheliya seeks bail in Case Crime No. 437 of 1999, under Sections 323,302,307,504,506 I.P.C., Police Station Mohammadabad, District Farrukhabad.
Submissions have been made on behalf of the applicant that four persons including the applicant are alleged to have opened fire upon the deceased but the deceased has received only one injury on his person due to which he succumbed on the spot. He has further contended that under the similar set of circumstances, co-accused Hulli and Naresh have been granted bail by this Court and the applicant could not be released on bail because of some criminal cases shown against him. He has further submitted that in the criminal cases shown against the applicant, he is either acquitted or has been released on bail.
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 dully considered.
Considering the totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail.
Taking note of the submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case, let the applicant- Mohan Baheliya involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned and executing an undertaking in the following terms:
1. The applicant shall appear on every date before the trial court and shall not seek unnecessary adjournment.
2. The applicant shall not tamper with evidence in any manner.
3. The applicant shall report to the court of C.J.M. concerned in the first week of each month till the conclusion of the trial to show his good conduct and behaviour. In default of any of the aforesaid conditions, the bail granted to the applicant shall be deemed to be cancelled and he shall be taken into custody by the court concerned.
Order Date :- 5.1.2010 Mt/