Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13676 of 2010 Petitioner :- Jahid Respondent :- State Of U.P. Petitioner Counsel :- Samir Garg Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant and learned A.G.A.
appearing for the State.
It is contended by the learned counsel for the applicant that the
applicant is not named in the FIR and there was nothing against him
and on 21.1.2010 the applicant was arrested by the police in police
firing case and then recovery of a country made pistol has been shown
from his possession and the complainant of the present case identified
him and the complainant himself has not named the applicant in the
FIR in this case.
Learned A.G.A. contended that the applicant has made confession
before the police showing his involvement in the offence and he fired
shot on instigation of co-accused Damodar.
The case is based on circumstantial evidence. Co-accused Damodar
has already been allowed bail by this Court.
Considering the facts and circumstances of the case and
submissions made by the learned counsel for the applicant and
without expressing any opinion on the merits of the case, the applicant
is entitled to be released on bail.
Let the applicant Jahid involved in Case Crime No. 9 of 2010
under Sections 302/120-B IPC & Section 3(2)(5) SC & ST Act, Police
Station Khurja Dehat , District Bulandshahr 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