Amit Singh Bais vs State Of U.P.
2012 Latest Caselaw 5636 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29848 of 2012
 

 
Petitioner :- Amit Singh Bais
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Rakesh Dubey
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

The present bail application has been filed by the applicant in case crime No. 154 of 2012,  under Sections 307 read with 34, 504, 506 IPC, Section 3(2)(5) SC/ST Act and Section 7 Criminal Law Amendment Act,  police station  Collectorgang, District Kanpur Nagar with the prayer to enlarge him on bail.

It is contended by the learned counsel for the applicant that  the allegation against the applicant is of abusing the injured-informant and the role of firing has been assigned to  Virat Vikram Singh and the said incident had taken place at the spur of the moment and there was no intention to cause injuries to the injured.  Learned counsel for the applicant further argued that the applicant does not have criminal history and he has been falsely implicated in the present case due to ulterior motives.  It is next contended by the learned counsel for the applicant that the applicant is in jail since 13.10.2012 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail.

Perused the first information report as well as averments contained in the bail application.

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Amit Singh Bais, involved in case crime No. 154 of 2012,  under Sections 307 read with 34, 504, 506 IPC, Section 3(2)(5) SC/ST Act and Section 7 Criminal Law Amendment Act,  police station  Collectorgang, District Kanpur Nagar  be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction  of court concerned on the following conditions that:-

1.   The applicant shall not tamper with the prosecution evidence;

2.  The applicant shall not pressurize the prosecution witnesses;

3.  The applicant shall appear on the date fixed by the trial court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.

Order Date :- 20.11.2012/faraz