It was companytended before the High Court that an omnibus role had been ascribed to him and the other accused persons that they had indulged in general firing as a companysequence of which one person had died, for he had received three gun shot injuries.
The real plank of submission before the High Court, as is perceptible, was that prayer for bail in respect of 11 accused persons including Mitthan Yadav had already been allowed, and there was numberjustification to deny him the said benefit as he was similarly placed.
Let the applicant Budhpal Buddhu be enlarged on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of companyrt companycerned in case crime number 237 of 2013 under Section 147,148,149,302,307,394,411,454,506, 120B, 34 I.P.C. Police Station Kavi Nagar, District Ghaziabad with the following companyditions The applicant will number tamper with the evidence during the trial.
The High Court, after hearing both the parties, has passed following order In view of above facts, companysidering the nature of allegation, severity of punishment and period of detention, without expressing any opinion on merit, it is a fit case for bail.
The prayer for bail was resisted by the Public Prosecutor companytending, inter alia, that there was indiscriminate firing by the accused person causing fatal injuries.
After the application for bail was rejected by the learned trial Judge, the accused person, respondent number2, moved the High Court in Criminal Misc.
In case of breach of any of the above companyditions, the companyrt below shall be at liberty to cancel the bail.
It was also companytended that there was numbercredible evidence against the accused persons.
The analysis has to be made, that being an imperative companymand, between the honest nidification and the surreptitious edifice.
The said order is the subject matter of assail in the present appeal by special leave.
The applicant will appear before the trial companyrt on the date fixed, unless personal presence is exempted.
Bail Application No.
The applicant will number pressurize intimidate the prosecution witness.
25466 of 2014.
