Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2115 of 2010 Petitioner :- Kailash @ Fauji Respondent :- State Of U.P. Petitioner Counsel :- Birendra Singh Khokher Respondent Counsel :- Govt Advocate Hon'ble Amar Saran,J.
Heard learned counsel for the applicant, Sri Ajit Kumar Singh Solanki,
learned counsel for the complainant and the learned A.G.A.
It is argued by the learned counsel for the applicant that this is a sheer
accident as the electric line was switched off and the deceased was working
on it but during this period, the electric line has been switched on as a result
of which the deceased died. The FIR was lodged under section 304 I.P.C but
from the allegation, section 304A I.P.C is disclosed. The applicant is in jail
since 29.9.2009.
Per contra, learned counsel for the complainant argued that the deceased was
working on contract basis and because of his money dispute, the applicant had
switched on the line as he was posted there.
Having considered the submissions of the parties and without expressing any
opinion on the merits of the case, let the applicant Kailash @ Fauji involved
in case crime No. 472 of 2009, under Section 304 I.P.C., P.S. Sardhana,
district Meerut be released on bail on his executing a personal bond and
furnishing two sureties each in the like amount to the satisfaction of court
concerned.
Order Date :- 28.1.2010
sfa/