Court No. - 17 Case :- BAIL No. - 8419 of 2009 Petitioner :- Budhendra Nath Shukla Respondent :- State Of U.P. Petitioner Counsel :- Satyendra Kumar Singh,Abhishek Misra Respondent Counsel :- Govt.Advocate,Rama Kant Jayswal,Vijay Dwivedi Hon'ble Ashok Srivastava,J.
This bail application has been moved on behalf of Budhendra Nath Shukla
who is involved in Case Crime No. 389 of 2009, under Sections 323/307
I.P.C., Police Station Sarojini Nagar, district Lucknow.
The alleged incident had taken place on 21.8.2009 at about 9.30 P.M. in a
nursing home situated at Sarojini Nagar, Lucknow. As per the allegations
contained in the F.I.R., both the accused persons, named in the F.I.R., reached
the nursing home of the complainant and started assaulting the an attendant of
a patient. On intervention by the son of the complainant, both the accused
persons assaulted him too. Thereafter on the exhortation of the applicant, the
co-accused ran to his residence and came back with a loaded gun and fired at
the son of the complainant causing him injuries.
I have heard learned counsel for the applicant as well as learned
A.G.A.
It has been submitted from the side of the applicant that the applicant is in jail
since 22.8.2009, that the role assigned to the applicant is confined only to
exhortation. It has been further submitted that since last 9 years, there has
been a dispute between the complainant side and the accused side regarding
which an F.I.R. was lodged by the applicant against the complainant of this
case as back as in the year 2000.
The bail application has been opposed by learned A.G.A.
The role assigned to the applicant is confined only to exhortation. He has not
been assigned the role of causing injury to the injured.
Keeping in view the circumstances of this case and without expressing any
opinion as to the merits of the case, I am of the view that the applicant should
be released on bail.
Let the applicant, Budhendra Nath Shukla, involved in Case Crime No. 389 of
2009, under Sections 323/307 I.P.C., Police Station Sarojini Nagar, district
Lucknow, 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 :- 22.1.2010
S.B.