Court No. - 43 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15536 of 2010 Petitioner :- Subash Rao Respondent :- State Of U.P. Petitioner Counsel :- Narsingh Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and the learned A.G.A. And perused
the record.
It is submitted by learned counsel for the applicant that the applicant is not
named in the F.I.R. The F.I.R. has been lodged by Ram Preet in which it has
been specifically alleged that on account of the dispute with the wife the
deceased has taken the poisonous substance, consequently he died. Thereafter,
during investigation the name of the applicant came to light. It is alleged that
the applicant, co-accused Ram Preet, co-accused Durga Devi and Babita
caused injuries on the person of the deceased by using kicks, fists and danda
blow. According to the postmortem examination report the deceased has
sustained two contused swelling. The applicant is having no motive or
intention to commit the alleged offence. The applicant is in jail since
27.3.2010.
In view of 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 Subhash Rao involved in case crime no.161 of 2010 under
Section 304 I.P.C., P.S. Kaptanganj District Kushinagar be released on bail on
his furnishing a personal bond and heavy sureties to the satisfaction of the
Court concerned with the condition.
• That the applicant shall not tamper with the evidence.
• That he shall report to the court of C.J.M. concerned in the first week
of each month to show his good conduct and behaviour till conclusion
of the trial.
In case of default in any of the above mentioned conditions, the bail granted
to the applicant shall be deemed cancelled and he shall be taken into custody
forthwith.
Order Date :- 13.7.2010
N.A.