Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17729 of 2010 Petitioner :- Rahul Gupta Respondent :- State Of U.P. Petitioner Counsel :- Ram Prakash Singh,Jay Raj Singh Tomar,R.H. Shukla 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 there is
specific allegation that two fire arm shot hit the deceased but in post
mortem report one fire arm injury with corresponding exit was found
and two witnesses have filed affidavit that they have not seen the
incident.
Sri K.K.Tripathi, learned counsel for the complainant contended that
the applicant fired shot at the deceased and he was involved in murder
of the deceased.
Learned A.G.A. supported the arguments of the learned counsel for
the applicant.
Two witnesses Raju Dubey and Sanjay Singh filed affidavit and denied
that they have seen the incident.
Considering the nature of the injuries sustained by the injured shown
in the post mortem report and perusing the affidavits filed by the
witnesses and without expressing any opinion on the merits of the
case, the applicant is entitled to be released on bail.
Let the applicant Rahul Gupta involved in Case Crime No. 1448 of
2009 under Sections 302, 506 IPC Police Station Kalyanpur , District
District Kanpur 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 :- 13.7.2010
SU.