Allahabad High Court High Court

Samiulla @ Salimulla @ Achhe … vs State Of U.P. on 28 July, 2010

Allahabad High Court
Samiulla @ Salimulla @ Achhe … vs State Of U.P. on 28 July, 2010
Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19399 of 2010

Petitioner :- Samiulla @ Salimulla @ Achhe Pradhan
Respondent :- State Of U.P.
Petitioner Counsel :- R.C. Yadav
Respondent Counsel :- Govt.Advocate

Hon'ble B.N. Shukla,J.

Heard learned counsel for the applicant and learned A.G.A. appearing
for the State.

It is contended by the learned counsel for the applicant that co-
accused Dhirendra @ Neetu has been allowed bail and the case of the
present applicant is on the same footings.

The factual position is not disputed by the learned AGA.

There is inconsistency in number of accused persons. In statement of
witness Brijendra it has come out that Ravindra @ Nepali had fired
which hit the deceased and other injured persons. Perused the bail
order of the co-accused. The case of the present applicant is on the
same footings. The applicant is in Jail since 20.5.2010. Distinguishing
the case of the applicant to co-accused Ravindra @ Nepali and
without expressing any opinion on the merits of the case, the applicant
is entitled to be released on bail.

Let the applicant Samiulla @ Salimulla @ Achhe Pradhan involved
in Case Crime No. 566 of 2010 under Sections 147, 148, 149,302,
307, 323, 352, 392, 411, 427, 452, 504, 506, 120-B IPC & Section 7
Crl. Law Amendment Act, Police Station Saidpur , District Ghazipur 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 :- 28.7.2010
SU.