Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20076 of 2010 Petitioner :- Amarjeet Yadav And Others 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 applicants and learned A.G.A.
appearing for the State.
It is contended by the learned counsel for the applicants that co-
accused Dhirendra @ Neetu has been allowed bail and the case of the
present applicants is on the same footings. It is further contended that
in the statement of Vijendra Yadav it has come that Rajendra @
Nepati had inflicted injuries by firing shot and the applicants are not
named in the FIR and they have been falsely implicated in this case.
Learned AGA contended that in the FIR there is allegation against
Kamaldeo @ Kailash that the applicants had inflicted injuries to the
deceased.
Perused the bail order of the co-accused. The case of the present
applicants is on the same footings. The applicants are in Jail since
20.5.2010. In the statement of Vijendra Yadav allegation has been
made against Rajndra @ Nepali that he inflicted injuries firstly by firing
shot from country made pistol and thereafter by lathi. In the post
mortem report no fire arm injury has 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 tempering of the witnesses and prima facie
satisfaction of the Court in support of the charge, the applicants are
entitled to be released on bail.
Let the applicants Amarjeet Yadav, Shalesh Yadav,Raju Yadav, Dev
Lal Yadav, Kamlesh Yadav, KamalDev @ Kailash and Abhishek @
Sharvan 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 :- 3.8.2010
SU.