Allahabad High Court
Netrapal vs State Of U.P. on 16 June, 2010
Author: Naheed Ara Moonis
Bench: Naheed Ara Moonis
Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14992 of 2010 Petitioner :- Netrapal Respondent :- State Of U.P. Petitioner Counsel :- Narayan Singh Kushwaha Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard, the learned counsel for the applicant, the learned AGA for the State and perused the record.
The present bail application has been moved by the applicant Netrapal in case crime no. 217 of 2008, under Sections 147, 148, 149, 307 I.P.C. and 7 Criminal Law Amendment Act, registered at P.S. Amapur, District Kanshi Ram Nagar, with a prayer that he may be admitted to bail. According to the FIR lodged on 02.11.2008, the role assigned to the applicant in the present case for firing on the police personal by fire arms but no one injured and thereafter 9 persons were arrested on the spot including applicant.
It is contended by the learned counsel for the applicant, that, no specific role has been assigned to the applicant, no one sustained any injury. The applicant is absolutely innocent and he has not committed any offence. He has been falsely implicated by the police in the present case on account of village rivalry. There is no chance of absconding, and in case he is enlarged on bail, he will not misuse the liberty of bail. The applicant is in jail since 02.11.2008. On the other hand, the learned AGA contended that there is active participation of the applicant for firing on the police personal and recovery of looted articles were made. In case, he is enlarged on bail, he will misuse the liberty of bail.
In view of the aforesaid facts and circumstances, without expressing any opinion about the merits of the case, let the applicant, Netrapal involved in case crime no.217 of 2008, under Sections 147, 148, 149, 307 I.P.C. and 7 Criminal Law Amendment Act, registered at P.S. Amapur, District Kanshi Ram Nagar, be enlarged on bail, on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii)The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv) The applicant shall appear before the concerned police station in the first week of every month to show his good conduct and behaviour.
In defiance of the above conditions, the prosecution would be at liberty to move application for cancellation of bail.
Order Date :- 16.6.2010 Sunil Kr Tiwari