Court No. - 28 Case :- BAIL No. - 4265 of 2010 Petitioner :- Ashish Kumar @ Babu Yadav Respondent :- State Of U.P. Petitioner Counsel :- Ran Vijai Singh Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the applicant and the learned A.G.A. and
perused the lower court record.
Learned counsel for the applicant submitted that the injured himself
admitted under section 161 Cr.P.C. that he was admitted in the Medical
College, Lucknow. As per the discharge summary (Annexure-4) the
injured remained hospitalized in the Medical College from 29.1.2010 to
2.2.2010 and the injured disclosed in the Medical College that he had
headache due to road traffic accident and no apparent injury was found
in the Medical College, Lucknow. Even on x-ray nothing abnormal was
noticed.
Learned counsel for the applicant further submitted that the injured had
been hospitalized in the Medical College, Lucknow on 29.1.2010. It is
surprising as to how his medical examination was done in the District
hospital, Barabanki on 30.1.2010. It was also submitted that the injuries
noted by the doctor of the District hospital, Barabanki were not found in
the Medical College, Lucknow. It was also submitted that none of the
injuries was dangerous and only an offence under section 324 can be
said to be made out.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offence, evidence, complicity of the
accused, the severity of the punishment and submissions of the learned
counsel for the applicant and the learned A.G.A., I am of the view that
the applicant has made out a case for bail.
Let the applicant Ashish Kumar @ Babu Yadav involved in case crime
No. 37 of 2010, under section 307 I.P.C. Police Station Asandra
District-Barabanki be released on bail on his furnishing a personal bond
and two sureties each in the like amount to the satisfaction of the Chief
Judicial Magistrate concerned.
Order Date :- 12.7.2010
Mahesh