Court No. - 18 Case :- BAIL No. - 3202 of 2009 Petitioner :- Chandrika Respondent :- State Of U.P. Petitioner Counsel :- Basant Lal,Bahar Ali,Dileep Kumar Respondent Counsel :- Govt.Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
The applicant is involved in Case Crime No. 1902 of 2008 under sections 147,
148, 302, 201, 120-B I.P.C., Police Station Ram Kot, District- Sitapur
Learned counsel for the applicant submits that in the report of the incident, the
applicant has been assigned a knife but, in the post-mortem report of the
deceased, there is no antemortem injury, which could have been caused by
knife.
It is also submitted that co-accused Ram Kumar has been admitted to bail by
this Court.
Learned AGA submitted that the report was lodged by the mother of the
deceased who was not the eye witness of the incident. Two persons, namely,
Baij Nath and Virendra, who are named as eye witnesses in the report, have
stated that the applicant had assaulted the deceased with Banka and the
incised injuries found on the person of the deceased, could be caused by
Banka. It is also submitted that the role of co-accused Ram Kumar is not
similar with the applicant as the said co-accused was only catching hold the
deceased.
Considering the aforesaid circumstances, the points pertaining to the nature of
the accusation against the applicant, severity of punishment, reasonable
apprehension of tampering the witnesses, prima facie satisfaction regarding
proposed evidence and genuineness of the prosecution case, the applicant
doesn’t appear entitled for bail.
Application is accordingly rejected.
The trial court is, however, directed to make endeavour for expeditious
disposal of the trial in accordance with law.
Order Date :- 21.7.2010
Sanjeet