Court No. - 46 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35314 of 2009 Petitioner :- Phool Das Respondent :- State Of U.P. Petitioner Counsel :- S.K. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
Prayer for bail has been made on behalf of the accused applicant Phool Das in
Case Crime No. 215A of 2009, under Sections 308 I.P.C. P.S. Sajety, District
Kanpur Nagar.
As per prosecution story on 18.9.2009 at about 9.30 p.m. injured Surya Pal
Singh had gone to see the burning fire in the village Daulatpur where on the
exortion of one Keshav Ram accused applicant gave blow to Surya Pal Singh
by “Wooden Phars”. He was brought to the Hospital and F.I.R. was lodged
against the applicant.
It is contended by learned counsel for the accused that on the same date
before this incident of Marpeet, an incident of house burning had taken place
in which F.I.R. was lodged against two persons of Thakur community and in
response to that incident the present case has been falsely concocted
implicating the applicant who belongs to Scheduled Caste.
Considering the facts and circumstances of the case, as well as the Medical
report available on record there appears to be rivalry in the village in two
particular community.
Keeping in view the nature of evidence available on record and the
submissions made by learned counsel for the parties without expressing any
opinion on the merit of the case the applicant is entitled to be released on bail.
Let the applicant Phool Das involved in Case Crime No. 215A of 2009, under
Sections 308 I.P.C. P.S. Sajety, District Kanpur Nagar be released on bail on
his furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned.
Order Date :- 21.1.2010
F.H.