Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33739 of 2009 Petitioner :- Daya Ram Yadav Respondent :- State Of U.P. Petitioner Counsel :- D.K.Tripathi Respondent Counsel :- Govt Advocate,Sudeep Dwivedi Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
It is contended by learned counsel for the applicant that there are cross case
and the applicant himself and co-accused Kripashankar had also received
serious injuries.
Learned private counsel from side of the complainant has contended that
applicant has beaten alongwithco-accused by Lathi, Danda and blows.
Learned AGA has also supported the same facts.
Both side have sustained injuries. No deadly weapon was used. Applicant is
in jail since 28.09.2009.
Considering the nature of accusation and the severity of punishment in case of
conviction and the nature of supporting evidence, reasonable apprehension of
tampering of the witnesses and prima facie satisfaction of the court in support
of the charge, the applicant is entitled to be released on bail.
Let the applicant Daya Ram Yadav involved in case crime no. 788 of 2009
under Sections 304, 323, 504, 506, 427 IPC, P.S. Maharajganj, Dist. Jaunpur
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 :- 4.8.2010
Sushma