Court No. 20
Criminal Misc. Case No. 784 (B) of 2010
Ram Kumar Maurya ...Versus... State of U.P
Hon'ble Raj Mani Chauhan,J.
Heard learned counsel for the applicant and learned A.G.A. for
the State as well as perused the record.
The accused-applicant Ram Kumar Maurya is involved and
detained in Case Crime No. 378-A of 2007, under Sections 147, 148,
149, 304 I.P.C., from Police Station Payagpur, District Bahraich and he
has applied for bail.
The submission of the learned counsel for the accused applicant is
that co-accused Rajesh Singh who was not named in the F.I.R. has
already been order to be released on bail. Co-accused Kriparam Mourya
who was named in the F.I.R. too has been ordered to be released on bail
by the another Bench of this Court, vide order dated 19.11.2009, passed
in Criminal Misc. Case No. 3788 (B) of 2009. The case of the present
accused applicant is identical to the case of co-accused Kriparam
Mourya who has already been ordered to be released on bail. More over,
in this case the prosecution story as disclosed in the F.I.R. is totally false.
Both the deceased on the night of occurrence had entered into the house
of accused to commit the theft. The accused applicant and his family
members got awakened. They raised alarm which attracted his
neighbours and villagers. The deceased tried to escape away but they
were chased by the accused and the villagers. They were caught hold by
them and were beaten too. The F.I.R. of this incident was lodged by the
co-accused Kriparam Mourya. The complainant just to take revenge
from the accused had lodged the present F.I.R. with false allegation. The
accused applicant, therefore, deserves to be released on bail.
Learned A.G.A. although opposed the bail application but fairly
accepts that the case of the present accused applicant is identical to the
case of co-accused Kriparam Mourya who has already been ordered to
be released on bail.
Considering the submissions of the learned counsel for the
accused applicant, learned A.G.A. as well as keeping in view the
totality of the facts and circumstances of the case and the fact that the co-
accused Kriparam Mourya whose case is identical to the case of accused
applicant has already been ordered to be released on bail, without
expressing any opinion on the merit of the case, the accused applicant
may be released on bail.
Let applicant Ram Kumar Maurya be released on bail in the
aforesaid case crime number on his furnishing a personal bond with two
sureties each in the like amount to the satisfaction of the court
concerned.
03.02.2010
Sanjay/-