Court No. - 18 Case :- BAIL No. - 2825 of 2010 Petitioner :- Pankaj Respondent :- State Of U.P. Petitioner Counsel :- D.P.Dutt Tiwari Respondent Counsel :- Govt.Advocate,Ashutosh Bajpai Hon'ble S.N.H. Zaidi,J.
Counter-affidavit filed on behalf of the State in Court is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the material on record.
The applicant is involved in Case Crime No.641 of 2009 under section 304
I.P.C., Police Station Fakharpur, District Bahraich.
The submission of the applicant’s counsel is that Gyan Prakash an eye
witnesses of the incident has assigned the role of only exhortation to the
applicant and according to him, the applicant did not assault the deceased. It is
also submitted that the presence of Km. Sumitri, the daughter of the deceased
and an alleged eye witness of the incident is highly doubtful as she could not
reach on the place of occurrence on hearing the noise of the incident from her
house, which is far away from the place of occurrence.
Learned A.G.A., on the other hand, opposed the bail and submitted that Km.
Sumitri, has said that the applicant also participated in the incident with other
co-accused.
Considering the above circumstances, the nature of offence and the accusation
against the applicant, severity of punishment, reasonable apprehension of
tempering the witnesses, prima facie satisfaction regarding proposed
evidence, genuineness of the prosecution case and without commenting upon
the merit of the case, the applicant appears entitled to bail.
Application is, accordingly, allowed.
Let applicant Pankaj be enlarged on bail on his executing a personal bond and
furnishing two sureties each in the like amount to the satisfaction of the Court
concerned.
Order Date :- 29.7.2010
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