Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17523 of 2010 Petitioner :- Lal Chand Respondent :- State Of U.P Petitioner Counsel :- A.P.Tiwari,S.S. Tripathi Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
Heard Sri S.S. Tripathi, learned counsel for the applicant, Sri Hari Pratap
Gupta, learned counsel for the complainant, learned A.G.A. for the State and
perused the record.
Learned counsel for the applicant has contended that the role of the
applicant is of exhortation and knife was with the accused Molai alias Bechan
and there is allegation against him that he inflicted knife blow to the
deceased. The applicant is in jail since 20.5.2010.
Learned counsel for the complainant has contended that the applicant was
also involved in inflicting injuries to the deceased and in postmortem report 3
ante mortem injuries have been found. Learned A.G.A. also supported the
same fact.
Role of the applicant is of exhortation. He was not armed with knife.
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 and distinguishing the case of the applicant to that of co-
accused Molai alias Bechan, the applicant is entitled to be released on bail.
Let the applicant Lal Chand involved in case crime no. 739 of 2010, under
section 302, 504 IPC, P.S. Gulariha, District Gorakhpur 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 :- 12.7.2010
Masarrat