Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17470 of 2010 Petitioner :- Kuldeep Pathak Respondent :- State Of U.P Petitioner Counsel :- Ajay Vikram Yadav Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
Heard Sri Brijesh Sahai, 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 in the
FIR eight persons have been arrayed as accused and thereafter
charge sheet has been filed against two accused persons and six
accused have been exonerated. It is further contended that in the post
mortem report 3 fire arm injuries have been shown and Investigating
Officer has recovered three empty cartridges 303 Bore which is totally
against the statement of the witnesses who have given statement
otherwise.
Learned A.G.A. contended that that there is allegation against the
applicant that he was also involved in committing the murder of the
deceased.
Considering the variation in number of accused and in the recovery
of empty cartridges other then what has been stated by the witnesses
and without expressing any opinion on the merits of the case, the
applicant is entitled to be released on bail.
Let the applicant Kuldeep Pathak involved in Case Crime No. 316
of 2009 under Sections 302, 506, 34, 120-B IPC Police Station
Surir, District Mathura 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 :- 9.7.2010
SU.