Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35404 of 2009 Petitioner :- Amit Tyagi Respondent :- State Of U.P. Petitioner Counsel :- K.K. Pandey Respondent Counsel :- Govt. Advocate,Niraj Tripathi 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 father
of the applicant has got an FIR under section 294 IPC lodged after
seeing two persons in compromising position in the locality and
Police took them to the Police Station and thereafter the deceased
died. Other persons of the locality also got an FIR lodged alleging
therein that the deceased was beaten by the Police. There was no
motive on the part of the applicant and other persons and this was that
reason the arrest of the father of the applicant has been stayed by this
Court in Criminal Misc. Application under section 482 Cr.P.C.
Learned private counsel Sri Niraj Tripathi contended that the deceased
was beaten by the accused persons and they committed murder.
Learned A.G.A. supported the arguments of the learned counsel for
complainant.
From the side of the applicant FIR under section 294 IPC was already
registered and dead body was found in naked condition.
The applicant has no criminal history and is in jail since 11.11.2009.
Considering the facts and circumstances of the case and submissions
made by the learned counsel for the applicant and without expressing
any opinion on the merits of the case, the applicant is entitled to be
released on bail.
Let the applicant Amit Tyagi involved in Case Crime No. 522-A of
2009 under Sections 323, 302 IPC & Section 3(2)(V) SC & ST Act,
Police Station Medical, District Meerut 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 :- 22.7.2010
SU.