Heard learned counsel for the applicants, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. It is further submitted that the incident had occurred on 4-5-2009 and the case was registered on 9-9-2009 in pursuant to the application filed under section 156(3) Cr.P.C. It is further submitted that the injured was medically examined after three days and all the injuries were found to be simple and no X-ray was advised by the doctor. It is further submitted that the victim on his own in order to harass and victimise the applicant, have procured the X.ray report from the private Nursing home, wherein the fracture was found . It is submitted that the said X- ray report was procured by the applicant as such it cannot be relied upon . It is further submitted that the applicant does not have any criminal history and the applicant is in Jail since 04-12-2009.
Keeping in view the nature of the offence, evidence, complicity of the accused ,severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail Let the applicant Nizamuddin alias Kariya involved in Case crime no.C- 596 of 2009 under section 323, 504, 506, 308 IPC, Police Station Sarpatahan district Jaunpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
` (i)The applicant shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour. In case of breach of any of the above mentioned conditions the court below shall be at liberty to cancel the bail Order Date :- 3.2.2010 IA