Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34330 of 2009 Petitioner :- Akhilesh Singh Respondent :- State Of U.P. Petitioner Counsel :- Kailash Prakash Pathak Respondent Counsel :- Govt Advocate,Vinod Singh Hon'ble Amar Saran,J.
Heard learned counsel for the applicant, Sri Vinod Singh, learned
counsel for the complainant and the learned A.G.A. for the State.
It is argued by the learned counsel for the applicant that the main
role of assaulting the deceased Pankaj with a knife was assigned to
the co-accused Sandeep and so far as the applicant is concerned,
he is only said to have participated in the incident, and has caused
some injuries to the injured, but no knife has been assigned to him.
Learned counsel for the complainant argued that this incident was
committed in a broad day light and the applicant and other co-
accused are also said to have assaulted the injured with slaps and
fists. Learned counsel for the applicant replied that some quarrel
took place between the parties at the moment also, and the matter
of common intention may be considered by the Trial Court during
trial.
Having considered the submissions of the learned counsel for the
parties and without expressing any opinion on the merits of the
case, let the applicant Akhilesh Singh involved in Case Crime No.
619 of 2009 under sections 302, 307, 504 IPC and section 7
Criminal Law Amendment Act, Police Station Tarwa, district
Azamgarh, 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.
The Trial Court is directed to expedite the trial.
However, it is provided that the applicant will co-operate with the
trial and not tamper with the witnesses and in case, he tampers
with the witnesses, steps may be taken for cancellation of the bail
of the applicant.
Order Date :- 8.1.2010
HSM