Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18529 of 2010 Petitioner :- Manoj Yadav And Another Respondent :- State Of U.P. Petitioner Counsel :- Kamlesh Kumar Yadav Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicants , Shri Ganesh
Pandey, learned counsel for the complainant and learned
A.G.A. appearing for the State.
It is contended by the learned counsel for the applicant that
due to enmity applicants have been falsely implicated in this
case this fact finds support by the affidavits filed by the
witnesses in which they have stated before the Investigating
Officer that they could not give statements against the
accused persons because they were in hurry and deceased
had died due to falling down in the ditch. .
Learned Private counsel for the complainant and learned
A.G.A. contended that there was motive on the part of the
applicant being Yadavas applicants had inflicted injuries to
the deceased to take revenge and witnesses could not
disclose the name of the applicants due to fear.
Perused the antemortem injureis. There is change in the
version of the witnesses. Applicants have no criminal history
and they are in jail since 1.6.2010.
Considering the facts and circumstances of the case and
submissions made by the learned counsel for the applicants
and without expressing any opinion on the merits of the
case, the applicants are entitled to be released on bail.
Let the applicants Manoj Yadav, Kanhaiya Yadav involved
in Case Crime No. 368 of 2010 , under Section 302 IPC and
section 3(2) 5 of S.C./S.T. Act Police Station Dullahpur
District Ghazipur be released on bail on their furnishing a
personal bond with two sureties each in the like amount to
the satisfaction of the court concerned.
Order Date :- 20.7.2010
Atul kr. sri.