Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13067 of 2010 Petitioner :- Shambhu Respondent :- State Of U.P. Petitioner Counsel :- A.K.Sachan 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
occurrence had taken place during night hours. There is no eyewitness
and complainant herself came out of house and heard shots and
recovery of SBBL gun has been fabricated. It is further contended that
ante mortem injuries could not be caused by 12 bore gun.
Learned A.G.A. contended that the applicant was involved in
committing murder of the deceased.
There is no eyewitness account. Complainant herself reached on the
spot after hearing gun shot fire. The applicant is in jail since 10.7.2009.
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 Shambhu involved in Case Crime No. 478 of
2009 under Section 302 IPC Police Station Vajeerganj , District
Budaun 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 :- 12.7.2010
SU.