Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7062 of 2010 Petitioner :- Kripa Shankar Singh Alias Pandit Singh Respondent :- State Of U.P. Petitioner Counsel :- S. K. Singh,Kameshwar Singh Respondent Counsel :- Govt Advocate,S.C.Pandey,Sanjai Mishra Hon'ble B.N. Shukla,J.
Heard Sri Kameshwar Singh, learned counsel for the applicant, Sri S.C.
Pandey, learned counsel for the complainant, learned A.G.A. for the State and
perused the record.
Learned counsel for the applicant has contended that as per FIR version main
allegation of firing is against co-accused Naval Kishore Chaubey and
allegation against the applicant is that he had flashed the torch and caught
hold the deceased. The applicant is in jail since 25.2.2010.
Learned counsel for the complainant has contended that the applicant had
actively participated in the occurrence and even accused are still threatening
the complainant and his family members and there was motive on part of the
applicant to commit murder. Learned A.G.A. has also supported the same
fact.
Bail application of co-accused Naval Kishore Chaubey has already been
rejected by this court. The applicant did not cause any injury to 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, the applicant is entitled to be released on bail.
Let the applicant Kripa Shanker Singh alias Pandit Singh involved in case
crime no. 136 of 2010, under section 302, 120B IPC, P.S. Khanpur, District
Ghazipur 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 :- 5.8.2010
Masarrat