Court No. - 18 Case :- BAIL No. - 3516 of 2010 Petitioner :- Ram Jeet Respondent :- The State Of U.P. Petitioner Counsel :- Shobh Nath Pandey Respondent Counsel :- Govt.Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
The contention of the applicant’s counsel is that, according to the F.I.R. as
well as statement of Rameshwar Rawat, an injured of the incident, three
persons, including the applicant, had fired upon Jagannath, but his
postmortem report reveals only one fire arm injury and it can not be said that
out of three assailants, who is the author of the said injury. It is also
submitted that the other ante mortem injury of the deceased is abrasion. It is
pointed out that co-accused Parsu Rawat, who has also been assigned the role
of firing at the deceased, has been admitted to bail by this Court, vide order
dated 10.6.2010 passed in Bail No. 3511 of 2010.
Considering the circumstances that similarly placed co-accused Parsu Rawat
has been admitted to bail and it is not clear as to who had caused the fatal
injury to the deceased and the points pertaining to the nature of accusation,
severity of punishment, reasonable apprehension of tampering the witnesses,
prima facie satisfaction regarding proposed evidence and genuineness of the
prosecution case,the applicant appears entitled for bail.
The application is, accordingly, allowed.
Let applicant Ram Jeet, involved in Case Crime No. 418 of 2009, under
sections 147, 148, 307, 504, 323, and 302 I.P.C., Police Station- Mawai,
District-Faizabad, be enlarged on bail on his executing a personal bond and
furnishing two sureties each in the like amount to the satisfaction of the Chief
Judicial Magistrate, Faizabad.
Order Date :- 1.7.2010
Rizvi