Court No. - 20 Case :- BAIL No. - 4774 of 2010 Petitioner :- Jhinkau @ Jhinkoo Chauhan And Another Respondent :- State Of U.P. Petitioner Counsel :- Manoj Kumar Misra Respondent Counsel :- Govt. Advocate Hon'ble Raj Mani Chauhan,J.
Heard learned counsel for the applicants and learned A.G.A. for the State as
well as perused the record.
The accused-applicants Jhinkau @ Jhinkoo Chauhan and Pappu are involved
and detained in Case Crime No. 29/10, under Sections 304, 323, 504, 506
I.P.C. from Police Station Wazirganj, District Gonda and they have applied
for bail.
The submission of learned counsel for the applicants is that on the written
report of the complainant police of P.S. Kotwali Dehat prepared NCR under
Section 323, after three days of occurrence; on the basis of injuries, case was
converted under Section 308 I.P.C. As per version of the prosecution case,
the accused gave lathi blows but from medical examination report of the
injured as well as post mortem examination of the injured, he sustained
contusion on the head with two lathi blows. It has not been specifically stated
by any of the witnesses as to who out of three accused had given the fatal
blow to the deceased. From the perusal of NCR, it does not appear that who
had given lathi blows to the deceased, therefore, on the basis of prosecution
case, prima facie, no case under Section 304 is made out. They, therefore,
deserve to be released on bail.
Learned A.G.A. opposed the bail application.
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, without expressing any opinion on the
merits of the case, accused applicants may be released on bail.
Let applicants Jhinkau @ Jhinkoo Chauhan and Pappu be released on bail in
aforesaid case crime number on their furnishing a personal bond with two
sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 25.6.2010
Kan