Heard learned counsel for the applicant and the learned AGA.
It has been contended by learned counsel for the applicant that although the applicant is named in the FIR but neither any overt act of causing injury to any person has been attributed to the applicant nor any person received any injury in the alleged incident. It is next contended that the applicant is in jail since 30.1.2010 and only one other case in which he is involved he has been enlarged on bail.
The aforesaid factual position is not disputed by the learned AGA.
Considering the nature of submissions made by learned counsel for the applicant, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Sanee @ Idrish involved in case crime no. 29/2010, under Section 307 I.P.C. and 12/14 D.A.A. Act and case crime no. 31/2010, under Section 3/25 Arms Act, P.S. Mataundh, District Banda be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall record his attendance before the concerned C.J.M. on the 7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall co-operate in the early conclusion of the trial and will not seek any unnecessary adjournments.
In case of breach of any of the conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 16.6.2010 AKG/-