Court No. - 8 Case :- BAIL No. - 4602 of 2009 Petitioner :- Ram Dularey Respondent :- The State Of U.P. Petitioner Counsel :- Ashok Kumar Singh,Ashish Misra Respondent Counsel :- Govt.Advocate,Atul K. Dubey Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and
perused the entire record of the case.
The submission of learned counsel for the applicant is that
according to the prosecution version, accused applicant along
with one Vidya Dhar were armed with fire-arm, caused injuries to
Jamanat Ram by firing from their respective weapons i.e.
country-made pistol. One of the co-accused Ramesh assaulted
with banka on the head of the deceased. The injured Jamanat
Ram received banka injury, as well. It is further submitted that
against co-accused Vidya Dhar final report has been submitted
though he is also assigned the similar role of assaulting the
injured with fire-arm. He further submits that the injuries of the
injured were x-rayed and radio opeque foreign bodies were found
on the upper part of the back of the chest. Nothing abnormal was
detected in the skull. There is also no opinion of the doctor, who
examined the injured Jamanat Ram and the doctor, who
conducted the X-ray with regard to the injuries being grievous.
The applicant is in jail since May, 2009, as mentioned in para 17 of
the bail application, which has not been controverted by the State.
Learned counsel for the complainant has vehemently opposed
the bail application.
Considering the overall aspects of the matter, I hereby provide
that the applicant be released on bail in Case Crime No.427 of
2009, under Sections 147, 148, 149, 307, 324, 427, 506 IPC,
P.S. Isa Nagar, District Kheri, on his filing a personal bond and
two sureties each in the like amount to the satisfaction of the
court concerned.
Order Date :- 19.1.2010
A