Court No. - 18 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32210 of 2009 Petitioner :- Bhagwan Das Respondent :- State Of U.P. Petitioner Counsel :- K.K. Dwivedi Respondent Counsel :- Govt Advocate,Rajesh Kumar Srivastava Hon'ble Virendra Singh,J.
By means of present bail application, the applicant has prayed for releasing
the applicant on bail in case crime No.590 of 2009, under sections 308, 324,
323, 504 and 506 I.P.C, Police Station Sikandara, District Agra.
Heard learned counsel for the applicant, learned A.G.A and perused the
record.
As per prosecution case, the present applicant/accused is involved in a case of
attempt to commit culpable homicide not amounting to murder thereby
inflicting injuries on the head of Mukesh, for which it is submitted on behalf
of accused/ applicant that there is a cross case and accused/applicant has been
falsely implicated in this case and at this stage in the light of the cross cases, it
can not be ascertained that which of the party was aggressive.
Looking into the contentions of both the parties and the facts and
circumstances on record, I am of this view that since at this stage in the light
of cases lodged by both the parties, it can not be ascertained that which of the
party was aggressive, the accused/ applicant may be enlarged on bail.
Therefore, this bail application is allowed.
Let applicant Bhagwan Das be released on bail, in case crime No.590 of 2009,
under sections 308, 324, 323, 504 and 506 I.P.C, Police Station Sikandara,
District Agra on his furnishing a personal bond with two sureties each in the
like amount to the satisfaction of the court concerned.
Order Date :- 2.2.2010
G.S