Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18230 of 2010 Petitioner :- Goli Respondent :- State Of U.P. Petitioner Counsel :- Raghubir Singh Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
A parcha has been filed by Sri Birendra S. Pandey on behalf of the
complainant.
Heard learned Counsel for the applicant and learned AGA
appearing for the State.
It is contended by the learned counsel for the applicant that
similarly placed five co-accused have already been granted bail by
this Court and the deceased has received single gun shot injury and
it has not been disclosed as to who was the author of the said fatal
injury. The applicant is in jail since 24.11.2009.
The private counsel from the side of the complainant contended
that SLP has been filed before the Apex Court. The applicant has a
criminal history.
Learned AGA contended that he has no instruction about criminal
history of the applicant.
Perusal of the bail order of co-accused Rajveer, Sonu and Mangesh
it transpires that the allegation in the FIR was that all the accused
persons including the applicant have fired shots but the deceased
has received single gun shot injury.
Considering the facts and circumstances of the case and
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 Goli, involved in Case Crime No. 785 of 2009,
under sections 147, 148, 149, 307, 302 and 452 IPC and 30 Arms
Act, police station Sikandra, district Agra, 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 :- 16.7.2010
Sazia