Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20556 of 2010 Petitioner :- Jagdish Respondent :- State Of U.P. Petitioner Counsel :- Kamal Krishna,Pradeep Kumar Rai Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the
State.
It is contended by the learned counsel for the applicant that as per FIR
version, accused persons were armed with lathi, axe and Sabbal and
occurrence took place on 13.4.2010 at 3:15pm. The distance from place of
occurrence to the Police Station is 8 kms. Witnesses Duli Chand and
Raghubeer belong to the same village and their houses are 20 yards from the
house of the informant as stated in paragraphs 9 and 10 of the affidavit. They
were shown present at the time of lodging of the FIR even then they did not
disclose about the occurrence. Lastly it as contended that in the post mortem
report only 4 ante mortem injuries have been shown which were caused by
blunt weapon and there is no axe or Sabbal injuries .
Sri TK Tripathi, learned counsel for the complainant contended that the
applicant was involved in committing murder of the deceased along with
other co-accused.
Learned A.G.A. has supported the arguments of the learned counsel for the
complainant.
No specific weapon has been assigned to the applicant. In the post mortem
report 4 ante mortem injuries have been found which could be caused by blunt
weapon. The statement of the witnesses was recorded after seven days of the
occurrence. The applicant has no criminal history and is in jail since
14.4.2010.
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, the applicant is entitled to be released on bail.
Let the applicant Jagdish involved in Case Crime No. 411 of 2010 under
Sections 147, 148, 149, 302, 504, 201 IPC Police Station Mahobkanth ,
District Mahoba 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 :- 5.8.2010
SU.