Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17199 of 2010 Petitioner :- Dharmpal Singh Respondent :- State Of U.P. Petitioner Counsel :- Radhey Shyam Saxena 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 main allegation of
firing is against co-accused Amarpal and there is allegation against the
applicant that he was armed with Lathi and in postmortem report ante mortem
injury no. 3 and 4 have been found lacerated wounds with no internal damage
and cause of death is shock and haemorrhage and ante mortem injury. The
applicant is in jail since 27.6.2009.
Learned A.G.A. has contended that the applicant has also inflicted injuries
by lathi.
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 and distinguishing the case of the applicant to that of co-accused
Amarpal, the applicant is entitled to be released on bail.
Let the applicant Dharmpal Singh involved in case crime no. 112 of 2009,
under section 302 IPC, P.S. Paraur, District Shahjahanpur 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 :- 8.7.2010
Masarrat