Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2718 of 2010 Petitioner :- Guddu Respondent :- State Of U. P. Petitioner Counsel :- M. C. Singh,Dushyant Singh Respondent Counsel :- Govt Advocate Hon'ble Amar Saran,J.
Heard the learned counsel for the applicant and the learned A.G.A.
for the State.
It is argued by the learned counsel for the applicant that the
incident in question took place on 11.11.2009 at 8.30 p.m. The
F.I.R. was lodged at 11 p.m. in the same night. No one was named
and it was only mentioned that some quarrel had taken place
between the two deceased Balveer Singh and Rameshwar with two
unknown boys and a girl and the accused persons had fired on the
deceased. Postmortem report shows that there were stab wounds
and no fire arm injury. An application was given by Ram Pal,
brother of the one of the deceased, where he named Banti and
Rinkoo, who were not the applicant and one Mamta as the
assailants later on. It appears that another 161 Cr. P. C. statement
was given by Ram Pal on 4.12.2009, where again he did not
disclose the name of the applicant and he stated that one Rinku and
one Kripal were last seen with the deceased and Banti was not
there. On 4.12.2009 two villagers Ramveer and Kehar Singh gave
statements under section 161 Cr. P. C. after 15 days that they saw
the applicant and co-accued assaulting the deceased with a knife,
but there was no explanation why they did not disclose this fact
earlier. There is also an extra judicial confession of the applicant
and it is argued that the said extra judicial confession is a very
weak kind of evidence, which can easily be imputed to the
applicant.
Per contra, learned A.G.A. opposed the prayer for bail and argued
that there was some motive for the applicant to commit this crime,
as the deceased had seen the accused having illicit relations with
Mamta. Learned counsel for the applicant replied that the applicant
was not said to be having illicit relations with Mamta.
Having heard the submissions of the learned counsel for the parties
and without expressing any opinion on the merits of the case, let
the applicant Guddu, involved in Case Crime No. 442/2009, under
sections 302 I.P.C., Police Station Ahmadgarh, district
Bulandshahr, be released on bail on his furnishing a heavy
personal bond with two sureties each in the like amount to the
satisfaction of the Court concerned.
Order Date :- 3.2.2010
HSM