Court No. - 20 Case :- BAIL No. - 3417 of 2009 Petitioner :- Manoj Singh @ Manoj Respondent :- The State Of U.P. Petitioner Counsel :- Shivendra Pratap Singh Respondent Counsel :- Govt.Advocate Hon'ble Raj Mani Chauhan,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The accused applicant Manoj Singh @ Manoj is involved and detained in
Case Crime No. 114 of 2008, under Sections 147, 148, 302 I.P.C. and Section
3(2) (v) SC/ST Act, from Police Station Mailani, District Kheri and he has
applied for bail.
The submission of the learned counsel for the accused applicant is that on the
written report of the complainant Shree Ram, son of Bhagauti Prasad Raidas,
resident of Village Mahartala, Grant No. 11, Police Station Mailani, District,
Kheri, the police of Police Station Mailani registered a case against seven
accused under Sections 147, 148, 302 I.P.C. and Section 3(2(v) SC/ST Act.
The Investigating Officer during the course of investigation did not find the
involvement of accused Pankaj Singh, Ganga Ram and Rajesh, consequently,
they were exonerated. The Investigating Officer has filed charge sheet only
against four accused. Learned counsel for the accused applicant contends that
as per version of the F.I.R., the accused applicant had given Banka blows to
the deceased. From a perusal of the post mortem examination report of the
deceased, it appears that he had sustained five incised wounds but the
Investigating Officer is said to have recovered Danda from the possession of
the accused applicant. The accused applicant has confessed that he had given
Danda blows to the deceased but no injury like lacerated, contusion or
abrasion which could be caused by blunt object like Danda, was found on the
deceased. Therefore, participation of the accused applicant becomes highly
doubtful. He, therefore, deserves to be released on bail.
Learned A.G.A. opposed the prayer for bail.
Considering the submissions of learned counsel for the applicant, learned
A.G.A. as well as keeping in view the totality of the facts and circumstances
of the case, without expressing any opinion on the merits of the case, the
accused applicant may be released on bail.
Let applicant Manoj Singh @ Manoj be released on bail in the aforesaid case
crime number on his furnishing a personal bond with two sureties each in the
like amount to the satisfaction of the court concerned.
Order Date :- 6.1.2010
Sanjay