Counter affidavit filed by learned A.G.A. is taken on record. Heard learned counsel for the applicant and learned A.G.A. and perused the material placed on record.
Applicant-Rinku alias Raju seeks bail in Case Crime No. 201 of 2009 under Sections 272, 273, 420, 467, 468 I.P.C. and 7/16 of Prevention of Food Adulteration Act, Police Station Rabupura, District Gautam Budh Nagar.
It is contended by learned counsel for the applicant that the applicant is 90% physically handicapped person and he is suffering from polio and paralysis in both lower limbs. The photocopy of the medical certificate of the applicant has been filed along with the bail application and marked as Annexure-2. He further submits that the applicant is in jail since 19.9.2009 and the trial has not commenced which is likely to consume sometime to conclude and, moreover, there is no criminal history to his credit and there are scanty chances of his tampering with the prosecution evidence or fleeing away from the judicial process, thus he is entitled to be 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 duly considered.
Considering totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail on the ground that he is suffering from polio and paralysis.
Without expressing any opinion on the merits of the case, let the applicant-Rinku alias Raju involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs. 25,000/- and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 12.1.2010 MN/-