Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20071 of 2010 Petitioner :- Kishan Respondent :- State Of U.P. Petitioner Counsel :- A.C.Srivastava 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 is not named in the FIR and witnesses Sukhbeer Singh and
Sany alias Tinku have given statement before the Investigating Officer
that Amit fired shot which hit the injured now deceased.
Learned A.G.A. contended that he has no instruction in the matter.
As per FIR versions, the assailants came on motorcycle and
thereafter as per the statement of Sukhbeer Singh Amit fired shot at
the deceased. The applicant has no criminal history and is in jail since
11.5.2010.
Considering the nature of accusation and the severity of punishment
in case of conviction and the nature of supporting evidence,
reasonable apprehension of tempering of the witnesses and prima
facie satisfaction of the Court in support of the charge, distinguishing
the case of the applicant to co-accused Amit, the applicant is entitled
to be released on bail.
Let the applicant Kishan involved in Case Crime No. 325 of 2010
under Sections 307, 302 IPC Police Station Surajpur , District
Gautam Budh Nagar 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 :- 3.8.2010
SU.