Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20541 of 2010 Petitioner :- Sikandar Respondent :- State Of U.P. Petitioner Counsel :- K.K. Dubey,S.P. Sharma Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant and learned A.G.A.
appearing for the State.
It is contended by the learned counsel for the applicant that
as per F.I.R. version after receiving knife injury deceased
died on the spot, this fact has been belied when
Investigating Officer visited the spot and he found that
injured was in living condition and injured was got admitted
in the hospital as unknown person and none has seen the
occurrence. Applicant has been falsely implicated.
Learned A.G.A. contended that in the postmortem report
eight incised wounds have been found and injuries were
caused by knife.
There is contradiction in the F.I.R. and statement of
Investigating Officer. As per F.I.R. version deceased had
received knife injury and died on the spot but when the
Investigating Officer visited the spot he found that injured
was in living condition and admitted in the hospital as
unknown person. Applicant is in jail since 4.10.2009.
Considering the facts and circumstances of the case and
submissions made by the learned counsel for the applicant
and without expressing any opinion on the merits of the
case, the applicant is entitled to be released on bail.
Let the applicant Sikandar involved in Case Crime No. 1058
of 2009 , under Section 302 IPC and section 7 Criminal Law
Amendment Act Police Station Sadar Bazar District Jhansi
be released on bail on his furnishing a personal bond with
two sureties each in the like amount to the satisfaction of the
court concerned..
Order Date :- 5.8.2010
Atul kr. sri.