Court No. - 28 Case :- BAIL No. - 5574 of 2010 Petitioner :- Suhail Respondent :- State Of U.P. Petitioner Counsel :- Mubin Ahmad Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Counter affidavit filed on behalf of State is taken on record.
Heard the learned counsel for the applicant and the learned AGA and perused
the record.
The learned counsel for the applicant submitted that four persons from the
complainant side and three persons from the accused side sustained injuries.
A cross case crime no. C-460A of 2010 under sections 147, 148, 149, 427,
321, 323 and 307 IPC has also been registered for investigation, in which
some of the accused have already been enlarged on bail on account of cross
version. It was next submitted that question of aggressorship cannot be judged
at this stage. It was further submitted that similar roles have been assigned to
all the accused including the applicant.
There does not appear to be any reasonable ground to believe that the
applicant will temper 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 AGA, I am of the view that the
applicant has made out a case for bail.
Let the applicant Sushil involved in case crime No. 460 of 2010 under
sections 147, 148, 149, 307 IPC, P.S. Mitauli, District Kheri 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, Kheri.
Order Date :- 27.7.2010
MTA