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 initially a F.I.R. was registered in case crime no. 21 of 2006 under sections 307 and 504 I.P.C. on 16,3,2006 at 3.15 P.M. and the applicant was granted bail by the court below on 23.5.2008 in Bail Application No. 786 of 2008. He further submits that on the very same day, immediately after 45 minutes of registration of the above case, another F.I.R. in case crime No. 22 of 2006 under sections 147,332,336,353,323 and 307 I.P.C. was registered against the applicant at 4 .00 P.M. . He further submits that the applicant has been falsely implicated in the case by concocting absolutely a false and fabricated story with the collusion of the informant . He further submits that , in fact, no injury was caused by the applicant to the victim and, the injuries alleged to have been caused are simple in nature and they appear to have been self inflicted only with a view to harass and victimise the applicant . He further submits that appliant along with other co accused had approached this Court by filing writ petition no. 3836 of 2006 and this court had granted interim protection to them vide order dated 4.4.2006. He further submits that even from the applicant's side his wife had also sustained injury and the prosecution has not explained those injuries.She filed complaint case No. 1070/06 against the informant and other co accused under sections 323,324,504,506,452,354 I.P.C. and the same is still pending before the court below. He further submits that the applicant has no criminal history and is in jail since 22.12.2009.
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.
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 applicants Raghav Singh alias Munna Lal and Dinesh Chandra involved in Case Crime No. 22 of 2009 under Sections 147,332,336,353,323,307 I.P.C., P.S. Line Par, District Firozabad 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 :- 25.1.2010 MLK