Heard Sri T.K. Mishra, leaned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Kapil Tyagi, learned counsel for the complainant.
It is contended by the learned counsel for the applicant that the alleged occurrence has taken place on 29.7.2009 at 7.45 p.m., the applicant is not named in the F.I.R. It is alleged that two unknown miscreants caused injury by using knife blow, the applicant was not put up for identification but during investigation the statement of Dinesh Gurjar, Bhupendra were recorded by the I.O., according to this statement the role of exhortation is assigned to the applicant whereas the role of catching hold is assigned to the co-accused Rikki alias Manoj and Vikas, the role of causing knife injury is attributed to the co-accused Bhima alias Sunil and Dali alias Anil, the case of the applicant is distinguishable with the case of the co-accused persons, the co-accused Rikki alias Manoj has been released on bail by another bench of this court on 11.12.2009 in criminal Misc. Bail Application No. 30503 of 2009, therefore, the applicant may also be released on bail.
In reply to the above contention it is submitted by the learned A.G.A. and the learned counsel for the complainant that during investigation the name of the applicant and other co-accused persons has come to light, according to the statement of the witnesses the role of exhortation is assigned to the applicant whereas the co-accused Bhima alias Sunil and Dali alias Anil caused knife injury on the persons of the deceased, therefore,the applicant may not be released on bail, in case the applicant is released on bail, he may tamper with the evidence.
Considering the facts, circumstances of the case, and submission made by the learned counsel for the applicant and the learned A.G.A. and from the perusal of the record it appears that the co-accused Rikky alias Manoj has been released on bail by another bench of this court on 11.12.2009, whose role was of catching hold, the applicant did not cause any injury to the deceased, the role of exhortation is assigned to the applicant, the applicant is not named in the F.I.R. The role of causing injury is a assigned to the co-accused Bhima alias Sunil, Dali alias Anil, the case of the applicant 2 is distinguishable with the case of Bhima alias Sunil and Dali who caused injury on the persons of the deceased and without expressing any opinion on the merits of the case the applicant is entitled to fail.
Let the applicant Sunny alias Shiv Singh involved in case crime no. 158 of 2009 under Sections 147,148,149,34,302 I.P.C., P.S. G.R.P. District Ghaziabad be released on bail on his furnishing a personal bond and heavy sureties to the satisfaction of the Court concerned with the condition.
• That the applicant shall not tamper with the evidence.
• That he shall report to the court of C.J.M. concerned in the first week of each month to show his good conduct and behaviour till conclusion of the trial.
In case of default in any of the above mentioned conditions, the bail granted to the applicant shall be deemed cancelled and he shall be taken into custody forthwith. Dt. 22.1.2010 NA