Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17414 of 2010 Petitioner :- Subhash Chandra And Another Respondent :- State Of U.P Petitioner Counsel :- Afzal Durrani Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and
perused the record.
Learned counsel for the applicants has contended that as per FIR version
the applicants had inflicted injuries to the deceased by Lathi and Danda but in
postmortem report cause of death has been shown as asphyxia due to ante
mortem strangulation. It is further contended that due to village rivalry the
applicants have been falsely implicated in this case. The applicants are in jail
since 26.3.2010.
Learned A.G.A. has contended that there is specific allegation against the
applicants that they had inflicted injuries and in postmortem report 9 ante
mortem injuries have been found
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, the applicants are entitled to be released on bail.
Let the applicants Subhash Chandra and Sushila Devi involved in case
crime no. 97 of 2010, under section 304 IPC, P.S. Bichhawan, District
Mainpuri 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 :- 9.7.2010
Masarrat