Applicant- Vishal Nirvan seeks bail in Case Crime No. 1547 of 2009 under Sections 147,148,149,307 IPC, Police Station Sahibabad, District Ghaziabad.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicant that the injured had assigned the role of firing to co-accused Satish and Ashok in his statement recorded under Section 161 Cr.P.C. , thus the case of the applicant is distinguishable from them. He further pointed out that under the similar set of circumstances, co-accused Sunny and Bantee @ Vineet have been granted bail by another Bench of this Court on 27.11.2009 and 14.12.2009 respectively. He has further contended that the applicant is in jail since 4.11.2009 and the trial has not commenced which is likely to consume some more time to conclude. Moreover, there is no criminal history to his credit. This fact has not been disputed by learned A.G.A.
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 the totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant- Vishal Nirvan 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 :- 13.1.2010 Mt/