Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18378 of 2010 Petitioner :- Bittu Respondent :- State Of U.P. Petitioner Counsel :- Sunil Kumar,J.S. Sengar Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard Sri J.S. Sengar, learned counsel for the applicant, Sri V.N. Mishra,
learned counsel for the complainant, learned A.G.A. for the State and perused
the record.
Learned counsel for the applicant has contended that as per FIR version the
shot was fired at the deceased and the applicant and co-accused were
identified in the light of inverter which was burning at the house of Virendra
but in site plan house of Virendra is at distant place and the place of firing is
shown at point A and the deceased died on the place at point X which is about
10 paces away from point A to X and it was not possible to identify the
assailants in the inverter light. The applicant is in jail since 19.4.2010.
Learned counsel for the complainant as well as learned A.G.A. has contended
that in the light which was burning at the house of Virendra the assailants
could be identified.
Perused the site plan and the index shown by the I.O. The light was said to
have been burning at the house of Virendra.
Considering the nature of accusation and the severity of punishment in case of
conviction and the nature of supporting evidence, reasonable apprehension of
tampering of the witnesses and prima facie satisfaction of the court in support
of the charge, the applicant is entitled to be released on bail.
Let the applicant Bittu involved in case crime no. 92 of 2010, under section
302, 307, 34 IPC, P.S. Kakour, 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 :- 19.7.2010
Masarrat