Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21522 of 2010 Petitioner :- Raju Gupta Respondent :- State Of U.P. Petitioner Counsel :- J.K. Mishra Respondent Counsel :- Govt . Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
Learned counsel for the applicant has contended that co-accused
Gyanendra Shukla has been allowed bail by this court and main allegation of
firing is against co-accused Dharmendra Rajpoot alias Ragghu. The applicant
is in jail since 12.4.2010.
Learned A.G.A. has not disputed this factual aspect.
Perused the bail order of co-accused Gyanendra Shukla. Case of the
applicant stands on same footing.
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
Dharmendra Rajpoot alias Ragghu, the applicant is entitled to be released on
bail.
Let the applicant Raju Gupta involved in case crime no. 443 of 2010,
under section 147, 148, 149, 302, 504, 216, 120B IPC, P.S. Kotwali, District
Farrukhabad 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 :- 12.8.2010
Masarrat