YAMIN Vs. STATE OF U.P.

JUDGEMENT

(1.) SRI I.M. Khan has filed parcha on behalf of the informant which is taken on record. Applicant -Yamin seeks bail in Case Crime No. 189 of 2011, under Sections 147, 148, 149, 354, 452, 307, 302, 504, 34, 120B I.P.C. and 7 Criminal Law Amendment Act, Police Station Baghpat, District Baghpat.

(2.) HEARD learned counsel for the applicant and I.M. Khan, learned counsel appearing for informant as well as learned AGA for the State and perused the material placed on record.

(3.) THE bail is, however, vehemently opposed by the learned A.G.A. as well as learned counsel appearing for the informant by contending that two injured Smt. Varisha and Shakeela in their statement recorded under Section 161 Cr.P.C. dated 17.4.2011 and 19.4.2011 respectively have stated that all the accused persons including the applicant and accused Zahid having armed with sword, knife and country made pistol forcibly entered into the house made murderous assault. Thus the role assigned to the applicant is at par to the rest of the co -accused persons.. They have further argued that the trial has not concluded and in case the applicant is allowed to be released on bail, there is every likelihood of his fleeing away from the judicial process and tampering with the prosecution evidence. In view of the above, he is not entitled to be released on bail at this stage.