Allahabad High Court High Court

Awadhesh Kumar vs State Of U.P. on 13 July, 2010

Allahabad High Court
Awadhesh Kumar vs State Of U.P. on 13 July, 2010
Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17673 of 2010

Petitioner :- Awadhesh Kumar
Respondent :- State Of U.P.
Petitioner Counsel :- Jagdish Prasad Mishra,Satyendra Narayan Singh
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 the
applicant was standing at the place of occurrence and he exhorted the
other co-accused to commit the murder of the deceased and main
assailant is Bhorai.

Learned A.G.A. contended that the applicant was also present on
the spot at the time of occurrence.

Considering the role of the applicant and distinguishing his case
to co-accused Bhorai, who is main assailant and without expressing
any opinion on the merits of the case, the applicant is entitled to be
released on bail.

Let the applicant Awadhesh Kumar involved in Case Crime No.
136 of 2010 under Sections 147, 302, 148, 149, 504, 506 IPC &
Case Crime No. 136 of 2010 under Section 3/25 Arms Act and section
34 IPC, Police Station Paikulia , District Basti 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 :- 13.7.2010
SU.