Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1408 of 2010 Petitioner :- Surya Narain Singh Alias S.N. Singh Respondent :- State Of U.P. Petitioner Counsel :- Vikas Kumar Respondent Counsel :- Govt Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard the learned counsel for the applicant and the learned AGA and perused
the record.
The prayer for bail has been made on behalf of the accused applicant Surya
Narain Singh @ S.N.Singh in Case Crime No.1358 of 2009 under sections
147,148,302,120-B I.P.C. and Section 3(2)(5) of the SC/ST P.A. Act,
P.S.Vijay nagar, district Ghaziabad.
As per prosecution case on 24.11.2009 at about 3.00 p.m. accused-applicant
alongwith several other persons caused injuries to the deceased Amar Deep by
kicks and fists and lathi-danda resulting in his death.
It is contended by the learned counsel for the applicant that he has falsely
been implicated in this case and he was not present on the spot. At the time of
incident he had gone to Delhi, as he runs N.G.O. It is also submitted that no
specific role of causing fatal injuries has been assigned to him. The deceased
himself was a pick pocket and the injuries caused to him by villagers resulted
in his death.
The learned AGA has opposed the bail application.
Considered the facts and circumstances of the case and the submissions made
by the learned counsel for the parties. As per F.I.R. and the evidence available
on record several persons including the applicant are said to have caused
injuries by kicks and fists and lathi-danda. The post-mortem report reveals
only four visible injures on the person of the deceased. There is no evidence at
this stage to ascertain that the applicant caused the fatal injuries to the
deceased.
In view of the facts and circumstances of the case and the submissions made
by the learned counsel for the parties without expressing any opinion on the
merits of the case, the applicant is entitled to be released on bail.
Let the applicant Surya Narain Singh @ S.N.Singh involved in Case Crime
No. 1358 of 2009 under sections 147,148, 302,120-B I.P.C. and Section 3(2)
(5) of the SC/ST P.A. Act, P.S. Vijaynagar, district Ghaziabad be released on
bail on his executing a personal bond and furnishing two sureties each in the
like amount to the satisfaction of the Court concerned.
Order Date :- 19.1.2010
Ak/