Allahabad High Court High Court

Mukhtiyar vs State Of U.P. on 21 July, 2010

Allahabad High Court
Mukhtiyar vs State Of U.P. on 21 July, 2010
Court No. - 43

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18090 of 2010

Petitioner :- Mukhtiyar
Respondent :- State Of U.P.
Petitioner Counsel :- Dr. S.B. Maurya,Mrs. Mamta Maurya
Respondent Counsel :- Govt. Advocate

Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and the learned A.G.A.

It is contended by learned counsel for the applicant that in the present case it
has been specifically alleged that co-accused Shamseeran pored the kerosene
oil on the person of the injured, thereafter he was set on fire by the co-
accused Nisar. The case of the applicant is distinguishable with the case of
Samseeran and Nisar. The allegation against the applicant is that he used the
fist blow on the nose of the first informant. The injury sustained by the first
informant was simple in nature. The application is not having any criminal
antecedent. The applicant is in jail since 13.5.2010.

In view of the facts, circumstances of the case, submissions made by the
learned counsel for the applicant and without expressing any opinion on the
merits of the case the applicant is entitled to be released on bail.

Let the applicant Mukhtiyar involved in case crime no. 315 of 2010 under
Sections 452, 307, 504 I.P.C., P.S. Khajuria District Rampur be released on
bail on his furnishing a personal bond and two heavy sureties each in the like
amount to the satisfaction of the Court concerned with the following
conditions:

1. that he will not temper with the evidence and

2. he shall report to the court of C.J.M. concerned in the first week of
each month to show his good conduct and behaviour till conclusion of
the trial.

In default, the bail granted to the applicant shall be deemed cancelled
and he shall be taken in to custody forthwith.

Order Date :- 21.7.2010
RPD