Court No. - 20 Case :- BAIL No. - 5914 of 2010 Petitioner :- Fareed Respondent :- State Of U.P. Petitioner Counsel :- D.P.Singh Respondent Counsel :- Govt.Advocate Hon'ble Raj Mani Chauhan,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The accused-applicant Fareed is involved and detained in Case Crime No. 244
of 2010, under Sections 147, 302, 307 I.P.C. and 7 Criminal Law Amendment
Act, from Police Station Tadiyawan, District Hardoi.
The submission of learned counsel for the applicant is that as per prosecution
case, accused applicant along with co-accused Javed, Anees and Fareed had
exhorted the driver of the vehicle to kill the members of the police.
Accordingly, the driver run the vehicle over Ravindra Gupta, ACCH2, who
sustained serious injuries and later on he breathed his lost.
Learned counsel for the applicant contends that the role assigned to the
present accused applicant is of exhortation. Co-accused Javed, who has also
been assigned role of exhortation, has already been ordered to be released on
bail vide order dated 29.07.2010 passed by another Bench of this Court in Crl
Misc Case No.5712 (B) of 2010. The role of present accused applicant is
identical to the role of co-accused Javed, who has already been ordered to be
released on bail. Therefore, accused applicant also deserves to be released on
Learned A.G.A although opposed the bail application but fairly accepts that
role of accused applicant is similar to that of co-accused who has already been
ordered to be released on bail.
Considered the submissions of the learned counsel for the applicant and the
learned Additional Government Advocate. Keeping in view the totality of the
facts and circumstances of the case as well as the fact that role of accused
applicant is identical to that of co-accused Javed who has already been
ordered to be released on bail, without expressing any opinion on the merits
of the case, accused applicant may be released on bail.
Let applicant Fareed be released on bail in aforesaid case crime number on his
furnishing a personal bond with two sureties each in the like amount to the
satisfaction of the court concerned.
Order Date :- 9.8.2010