Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2779 of 2010 Petitioner :- Nand Lal Verma Respondent :- State Of U. P. Petitioner Counsel :- Mohd. Shoeb Khan Respondent Counsel :- Govt Advocate Hon'ble Amar Saran,J.
Heard the learned counsel for the applicant and the learned A.G.A.
for the State.
It is argued by the learned counsel for the applicant that the
applicant is said to have assaulted the deceased with a knife and
that the injuries on the deceased were either lacerated wounds or
contusions. It cannot be said with absolute certainty that the
applicant participated in the incident, as there were fracture of
bones of the head also. It is submitted that the F.I.R. was ante-
timed because the incident took place in village Inraha, which is
22 km. away from village Mahui, where the informant resided
after two labourers belonging to the informant’s village gave
information of this incident. The statements of the labourers
Jawahar and Jokhu were recorded after 2 1/2 months. There is no
reasonable explanation for this delayed examination of these
witnesses.
Per contra, learned A.G.A. opposed the prayer for bail and
contended that this was a case of direct evidence and the F.I.R.
was lodged promptly.
Having heard the submissions of the learned counsel for the parties
and without expressing any opinion on the merits of the case, let
the applicant Nand Lal Verma, involved in Case Crime No. 660 of
2009, under sections 147, 148, 149, 302 I.P.C., Police Station
Kasya, district Kushi Nagar, 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 :- 3.2.2010
HSM