Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17785 of 2010 Petitioner :- Basant Respondent :- State Of U.P. Petitioner Counsel :- Satyendra Narayan Singh,Jagdish Prasad Mishra,S.N. Mishra 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 in this
case 10 persons have been arrayed as accused persons and
deceased has received one gun shot wound and other injured persons
have received injuries which are not dangerous to life. There is no
specific allegation that which of the accused has caused injury to the
deceased. It is further contended that in the statement of the witnesses
it has come that the applicant had simply exhorted the co-accused and
then other co-accused fired shot.
Sri Apul Misra, learned counsel for the complainant contended that
there has been motive on the part of the applicant and in the
Pachayachat election wife of the applicant had won the election and
the applicant in order to teach a lesson committed murder along with 5
accused persons.
Learned A.G.A. supported the arguments of the learned counsel for
the complainant.
There is no specific allegation as to which of the co-accused has
caused injury to the deceased. The applicant is in jail since 9.6.2010.
Considering the nature of the injuries sustained by the deceased and
other injured and without expressing any opinion on the merits of the
case, the applicant is entitled to be released on bail.
Let the applicant Basant involved in Case Crime No. 296 of 2000
under Sections 147, 148, 149, 307, 302, 342, 504 IPC Police Station
Bhopa , District Muzaffarnagar 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 :- 14.7.2010
SU.