Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18786 of 2010 Petitioner :- Dhan Prakash Respondent :- State Of U.P. Petitioner Counsel :- Vijay Bahadur Shivhare,Manish Kesharwani Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
Learned counsel for the applicant has contended that this is a case of
accidental fire and in postmortem report one fire arm wound with
corresponding exit has been found and after about one month an application
was moved under section 156(3) Cr.P.C. alleging therein that the applicant
was also involved in murder of the deceased . The applicant is in jail since
6.3.2010.
Learned A.G.A. has contended that the applicant who was under influence of
liquor, had fired shot which hit the deceased.
Prima facie this is a case of accidental fire. There is no motive on part of the
applicant to commit murder.
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 Dhan Prakash involved in case crime no. 41 of 2010, under
section 302 IPC, P.S. Badgaon, District Saharanpur 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 :- 22.7.2010
Masarrat