Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20469 of 2010 Petitioner :- Arun Tiwari @ Chiraiya And Another Respondent :- State Of U.P. Petitioner Counsel :- A. Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicants and learned A.G.A.
appearing for the State.
It is contended by the learned counsel for the applicants that the
applicants were not named int he FIR and after 8 days of alleged
occurrence the Investigating Officer recorded statement of witness
Kailash Chand in which allegation has been made against them that
they have hatched conspiracy to commit murder of the deceased.
Learned Counsel for the complainant Sri Saurabh Gaur and Sri J.S.
Audichya contended that the applicant has criminal history and they
were involved in hatching conspiracy to commit murder of the
deceased and they are the main persons participating in eliminating
the deceased.
Learned A.G.A. supported the arguments of the learned counsel for
the complainant.
The applicants are not named in the FIR. After 8 days of the alleged
occurrence the Investigating Officer recorded the statement of witness
Kailash Chand in which allegations have been made against the
applicants. In the criminal history of the applicants two cases relate to
the firing on the police party.
Considering the nature of accusation and the severity of punishment in
case of conviction and the nature of supporting evidence, reasonable
apprehension of tempering of the witnesses and prima facie
satisfaction of the Court in support of the charge, distinguishing the
case of the applicant to other co-accsued, the applicants are entitled to
be released on bail.
Let the applicants Arun Tiwari alias Chiraiyya and Sonu alias
Dhiniya involved in Case Crime No. 103 of 2010 under Sections 302,
307, 504, 506, 34, 120-B IPC Police Station Soron , District Kanshi
Ram Nagar be released on bail on their furnishing a personal bond
with two sureties each in the like amount to the satisfaction of the court
concerned.
Order Date :- 4.8.2010
SU.