Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19890 of 2010 Petitioner :- Sardar Singh @ Sardara Respondent :- State Of U.P. Petitioner Counsel :- Vivek Kumar Singh,Ajay Kumar Singh Respondent Counsel :- Govt.Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant and learned A.G.A. appearing
for the State.
It is contended by the learned counsel for the applicant that the
deceased himself was found under the influence of liquor and he was
taken by the Police for treatment and at the time of inquest the
complainant himself was present and he did not make any allegation
against the applicant. The family members of the deceased were
called at the time of inquest of the dead body. It is further contended
that the FIR has been lodged after two days after deliberation. Ante
mortem injury no. 1 was fatal injury but it is not clear as to which of the
accused is author of the said injury. The applicant is in jail since
6.5.2010. Co-accused Omi @ Om Prakash has already been allowed
bail by this Court.
Learned AGA contended that the applicant and other co-accused
inflicted injury by iron rod and bricks and committed murder of the
deceased. There is eyewitness account of the incident.
FIR was lodged after two days. The deceased himself was found
under the influence of the liquor and he was taken for treatment by the
police. The applicant is in jail since 6.5.2010. Co-accused Omi @ Om
Prakash has already been allowed bail by this Court.
Considering the facts and circumstances of the case and submissions
made by the learned counsel for the applicant and without expressing
any opinion on the merits of the case, the applicant is entitled to be
released on bail.
Let the applicant Sardar Singh @ Sardara involved in Case Crime
No. 145 of 2010 under Sections 147, 323, 336, 506, 304 IPC Police
Station Behsuma , District Meerut 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 :- 30.7.2010
SU.