Court No. - 29 Case :- BAIL No. - 5947 of 2010 Petitioner :- Aniruddh Kumar Patel Respondent :- State Of U.P. Petitioner Counsel :- Sampurnanand Shukla Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicant, the learned Additional
Government Advocate and perused the F.I.R. and other relevant papers
filed in support of the bail application.
The submission of the learned counsel for the applicant is that, initially,
the first information report was lodged under sections 323, 504, 506,
394 I.P.C. against three accused persons. It is further submitted that
during the course of investigation no offence under section 394 I.PC.
was found and also complicity of accused Nisar Ahmad was found to
be incorrect. Learned counsel submits that section 308 I.P.C. was
subsequently added. It is also contended that though the injuries were
kept under observation but none of the injuries were referred for X-ray.
Learned counsel also submits that there is no overt act assigned to the
applicant. There is only general allegation in the F.I.R. that all the
accused persons assaulted with Lathi, Danda and Sariya. The applicant
is in jail since 4.5.2010.
Considering the facts and circumstance of the case, I direct that the
applicant be released on bail in case Crime No.274/09 under sections
308, 323, 504, 506 I.P.C. P.S.Kotwali Nagar, District Pratapgarh, on his
filing a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned/remand Magistrate.
Order Date :- 6.8.2010
kvg/-