Heard learned counsel for the applicants and learned AGA appearing on behalf of State & perused the record.
It is contended by learned counsel for the applicants that the applicants have falsely been implicated in the aforesaid offence due to ulterior motive . The first information report with respect to the incident dated 3.4.2010 was lodged on 16.4.2010 against four persons who are alleged to have assaulted with lathi, danda , Farsa . No specific role has been assigned to the applicants. There is inconsistency in the prosecution version & the statement of the injured .Medical report also does not support the prosecution version. The applicants have been dragged in the present case on account of village rivalry. On the other hand learned AGA contended that there is active role of the applicants in the commission of aforesaid offence therefore, the applicants do not deserve any indulgence of bail. Learned counsel for the applicants contended that the applicants are absolutely innocent and are languishing in jail since 18.5.2010 . The applicants have no criminal history. In case they are enlarged on bail, they will not misuse the liberty of bail. Having considered the aforesaid submission advanced by learned counsel for the applicants and without expressing any opinion on the merits of the case, it is directed that the applicants Pappu Dixit involved in Case Crime No. 83 of 2010 under section 323/504/506/452/326 IPC read with sectin 3 91) (10) of S.C. & S.T.Act Police Station Chaubeypur District Kanpur Nagar be enlarged on bail on their executing a personal bond & two heavy sureties each in the like amount to the satisfaction of the court concerned with following conditions:-
1. The applicants will not temper with the evidence during trial.
2. The applicants will not pressurise/intimidate with the prosecution witnesses.
3. The applicants will appear before the trial court on the date fixed .
In defiance of any of conditions, the prosecution would be at liberty to move application for cancellation of bail.
Order Date :- 14.6.2010 Naim