Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20873 of 2010 Petitioner :- Sameer Respondent :- State Of U.P. Petitioner Counsel :- Shoaib Qamar Khan Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
Learned counsel for the applicant has contended that the role assigned to
the applicant is of catching hold and role of firing has been attributed to the
co-accused Shanu. The applicant is in jail since 10.1.2010.
Learned A.G.A. has contended that the applicant was also present on the
spot and he caught hold the deceased.
Considering the nature of accusation and the severity of punishment in case of
conviction and the nature of supporting evidence, reasonable apprehension of
tampering of the witnesses and prima facie satisfaction of the court in support
of the charge and distinguishing the case of the applicant to that of co-accused
Shanu, the applicant is entitled to be released on bail.
Let the applicant Sameer involved in case crime no. 1148 of 2009, under
section 302 IPC, P.S. Chandpur, District Bijnor be released on bail on his
furnishing a personal bond with two sureties each in the like amount to the
satisfaction of the court concerned.
Order Date :- 9.8.2010
Masarrat