M.Cr.C. No.7481/2010
11.8.2010
Shri B. J. Chourasiya, counsel for the applicant.
Shri R. N. Yadav, Panel Lawyer for the respondent/
State.
Heard on IA. No.12519/2010, an application for
urgent hearing.
Learned Panel lawyer informs that case diary is not
available.
Learned counsel for the applicant submits that he
has filed copy of challan and papers and case may be
decided on the basis of these documents.
IA. No.12519/2010 is hereby allowed.
Heard both the parties.
Papers filed by the applicant are perused.
The applicant is in custody since 24.3.2010 in Crime
No.140 of 2010 registered at Police Station Bina, District
Sagar for offence punishable under Sections 326, 307 of
I.P.C, 3(2)(v) of SCST (Prevention of Atrocities) Act and
Section 25/27 of Arms Act is perused.
Learned counsel for the applicant submits that it is
alleged that the applicant caused fatal injuries to victim
Raju by firing the gun and causing gun shot injury in his
abdomen but, at present all the eye witnesses
Premnarayan alias Hari Shankar (PW-1), Raju (PW-2),
Pappu (P.W-3) and Sri Singh (P.W-4) have now turned
hostile. They have stated before the Court that an
unknown person has fired, causing injuries to Raju and
therefore, looking to the statements of these eye
witnesses conviction of the applicant is not possible. He
is in custody since 24.3.2010 unnecessarily therefore, he
prays for bail.
Learned Public Prosecutor opposes the application.
After perusing the case diary and hearing aforesaid
arguments, without expressing any view on the merits of
the case, I am of the opinion that this is a fit case in
which bail may be granted to the applicant namely Badal
Singh.
Therefore, application of the applicant Badal Singh
under Section 439 Cr.P.C. is hereby allowed. He be
released on bail on furnishing of a bond in sum of
Rs.30,000/- (Rupees thirty thousand) with one surety
bond of the like sum to the satisfaction of trial Court to
appear before the trial Court on the dates given by the
concerned Court.
Certified copy if applied.
(N.K. Gupta)
Judge
bina