Court No. - 39 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15997 of 2010 Petitioner :- Ram Prakash @ Dallu And Another Respondent :- State Of U.P. Petitioner Counsel :- Manish Tiwary,Ashwini Kumar Awasthi Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Sri Santosh Shukla, learned counsel filed his appearance slip on behalf of
complainants. It is taken on record.
Heard learned counsel for the applicants, Sri. Santosh Shukla, learned counsel
appearing for complainant, learned AGA and also perused the record.
Learned counsel for the applicants contended that applicants have been falsely
implicated in this case. In fact informant and his son (injured) was accused in
murder of father of applicant no. 1. Hence, First Information Report was
lodged and the matter was investigated and final report was submitted. No
summon was served to the applicant in the case of the year 1996. There is no
fire-arm injury on the vital part. In fact, injured was the man of criminal
nature. In huge quantity of arms and ammunitions were recovered from his
house regarding which the case was already registered against him. Injured
himself was carrying bomb and when he fell down it blast and due to which
he received injury that is why the First Information Report was lodged in the
present case. The applicant was challaned in Case Crime No. 468 of 1990
under Section 147, 148, 149, 396, 353, 332, 307 IPC P.S. Oraiya, Case Crime
No. 6 of 1995 under Section 448, 323, 504, 506 are pending against the
applicant. One another case is also shown against the applicant bearing Case
Crime No. 275 of 1989 under Sections 452, 323, 504, 506 IPC. In view of the
aforesaid facts and circumstances of the case, the applicant is entitled for bail.
There is no criminal history against the applicant. However, he is in jail since
19.04.2010.
Learned counsel for the applicant and Learned A.G.A. strongly opposed this
bail prayer.
In view of the aforesaid fact without expressing any opinion on merit, let the
applicants Ram Prakash @ Dallu and Raju be released on bail, in Case Crime
No. 149 of 1996 under Section 307/34 IPC, P.S. Auraiya District Auraiya on
his furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned.
Order Date :- 25.6.2010
Sushma