Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16448 of 2010 Petitioner :- Ghanshyam Respondent :- State Of U.P. Petitioner Counsel :- P.S. Yadav 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 in the FIR allegation
has been made that all the accused had fired shot at the deceased but in the
statement it has come that fire was shot by co-accused Dinesh and applicant
and other co-accused had caught hold of the deceased. The co-accused Kallu
has already been allowed bail by this court. The applicant is in jail since
23.2.2010.
Learned A.G.A. has contended that applicant was also involved in
committing murder of the deceased.
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
Awadhesh Singh, the applicant is entitled to be released on bail.
Let the applicant Ghan Shyam involved in case crime no. 8 of 2010, under
section 147, 148, 149, 302 IPC, P.S. Ashothar, District Fatehpur 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 :- 2.7.2010
Masarrat