Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant is alleged to have fired upon the police party but no body had received any injury, as such it is a case of no injury. He further submits that in the present case three cases including the present one has been shown in the gang chart against the applicant and the applicant has already been released on bail in the remaining two cases shown in the gang chart. He is in jail since 1.9.2009.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and learned A.G.A., and without expressing any opinion on the merits of the case , the applicant is entitled to be released on bail.
Let the applicant Prabhat Agrawal involved in Case Crime No. 372 of 2009, under Section 147, 148, 149, 307 IPC and 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Etmadpur, District Agra 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 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.
(iv)The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at liberty to cancel the bail.
Order Date :- 10.5.2010 vinay