Court No. 20
Criminal Misc. Case No. 4493 (B) of 2010
Ram Singh Yadav ...Versus... State of U.P.
Hon'ble Raj Mani Chauhan, J.
Learned counsel for the accused applicant files rejoinder affidavit,
which is taken on record.
Heard the learned counsel for the applicant and learned A.G.A. for the
State as well as perused the documents available on the record.
The accused-applicant Ram Singh Yadav is involved and detained in
Case Crime No. 832 of 2009, under Sections 364, 302, 201 I.P.C., from Police
Station Beniganj, District Hardoi and he has applied for bail.
The submission of the learned counsel for the accused applicant is that
the present accused applicant is said to be present on the spot armed with
Banka but from a perusal of the post mortem examination report of the
deceased, it appears that no Banka injury was found on the deceased; rather
only fire arm injuries were found on him which are said to have been caused
by co-accused Dev Sharma. Co-accused Devaki Nandan who is said to have
been digging a pit to bury the dead body of the deceased, has already been
ordered to be released on bail by this Court, vide order dated 11.5.2010, passed
in Criminal Misc. Case No. 1037 (B) of 2010. Therefore, the present accused
applicant also deserves to be released on bail.
Learned A.G.A. opposed the bail application of the accused applicant.
Considered the submissions of the learned counsel for the accused
applicant and the learned A.G.A.
The main role of firing had been assigned to co-accused Dev Sharma.
No Banka injury was found on the deceased. Keeping in view the totality of the
facts and circumstances of the case, without expressing any opinion on the
merit of the case, the accused applicant may also be released on bail.
Let applicant Ram Singh Yadav be released on bail in the aforesaid case
crime number on his furnishing a personal bond with two sureties each in the
like amount to the satisfaction of the court concerned.
21.06.2010
Sanjay/-