Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19047 of 2009 Petitioner :- Narendra Respondent :- State Of U.P. Petitioner Counsel :- M.C. Singh,Dushyant Singh,Gaurav Kakkar Respondent Counsel :- Govt. Advocate,P.K.Tyagi, Smt.Archana Hon'ble Arvind Kumar Tripathi, J.
Heard learned counsel for the applicant, learned A.G.A., learned counsel for
the complainant and perused the record.
Learned counsel for the applicant contended that it was a night incident and it
appears that no one had seen the incident. However, on the basis of false
allegation, due to enmity, the applicant was implicated in this case. There was
a specific allegation in the F.I.R. as well as in the statement of witnesses
including the injured, that the applicant fired at injured. However, from
perusal of injury report it is clear that there was two gun shot injuries. Apart
from that there was recovery of pallets and bullets from the spot, hence it is
clear that there was two shots and it appears that no one has seen the incident.
He further contended that in the statement there was improvement of the case
and it was stated by the injured that two persons i.e. applicant and co accused
Ravindra fired at him causing two injuries. The applicant is in jail since
22.05.2009.
In view of the fact without observation on merit, let the applicant Narendra be
released on bail in Case Crime No. 167 of 2009 under Sections 307, 34 I.P.C.
Police Station-Aurangabad, District-Bulandshahr, on his furnishing personal
bond with two sureties each of the like amount to the satisfaction of the court
concerned.
Order Date :- 4.2.2010
SKG