Court No. - 28 Case :- BAIL No. - 5613 of 2010 Petitioner :- Ashok Kumar Yadav Respondent :- State Of U.P. Petitioner Counsel :- Raj Bux Singh Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the applicant and learned AGA and perused the
record.
The learned counsel for the applicant submitted that initially the case was
registered under section 323 IPC but later on the Police added the offence
under section 307 IPC. The injuries sustained by the injured were superficial
i.e. abrasion only and no internal damage was found on x-ray. It was next
submitted that the injuries were not only simple but also were not in any way
grievous or dangerous to life, therefore, no offence under section 307 IPC is
made out against the applicant.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offence, evidence, complicity of the
accused, the severity of the punishment and submissions of the learned
counsel for the applicant and the learned AGA, I am of the view that the
applicant has made out a case for bail.
Let the applicant Ashok Kumar Yadav involved in Case Crime No. 290 of
2010, under sections 323 and 307 IPC, P.S. Baldirai, District Sultanpur be
released on bail on his furnishing a personal bond and two sureties each in the
like amount to the satisfaction of the Chief Judicial Magistrate concerned.
Order Date :- 28.7.2010
shailesh