Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20575 of 2010 Petitioner :- Sartaj Respondent :- State Of U.P. Petitioner Counsel :- Alok Sharma Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
It is contended by learned counsel for the applicant that initially FIR was
lodged as N.C.R. case. Deceased succumbed to the injuries after about seven
days from the date of alleged occurrence and there is allegation that four
accused persons had inflicted injuries but in ante-mortem two injuries have
been found.
Learned AGA has contended that applicant was also involved in inflicting
injuries to the deceased.
Injuries were said to have been caused by Lathi and Danda. Deceased
succumbed to the injuries after about seven days from the date of alleged
occurrence. Number of the accused persons made in the FIR is four and only
two 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 applicant is entitled to be released on bail.
Let the applicant Sartaj involved in case crime no. 263 of 2010 under
Sections 304, 504 IPC, P.S. Katra, Dist. Shahjahanpur 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
Sushma