Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21131 of 2010 Petitioner :- Manoj Kumar Srivastava @ Chhunna Lal Respondent :- State Of U.P. Petitioner Counsel :- S.N. Rai,S.K. Rai 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 role of the applicant is
of exhortation and as per FIR version the co-accused Brijendra Rai alias
Mintoo has committed murder of the deceased. The applicant is in jail since
28.4.2010.
Learned A.G.A. has contended that firstly the applicant dragged the
deceased and carried him to the road and on the exhortation given by the
applicant the co-accused Brijendra Rai alias Mintoo has fired shot which hit
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
Brijendra Rai alias Mintoo, the applicant is entitled to be released on bail.
Let the applicant Manoj Kumar Srivastava alias Chhunna Lal involved in
case crime no. 250 of 2010, under section 302, 504, 506 IPC, 3(2)(5) SC/ST
Act, 7 Criminal Law Amendment Act and 25/27 Arms Act, , P.S. Raunapar,
District Azamgarh 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 :- 10.8.2010
Masarrat