Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19173 of 2010 Petitioner :- Tinni @ Ved Prakash Respondent :- State Of U.P. Petitioner Counsel :- Manish Tiwari,Ashwini Kumar Awasthi 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 as per FIR version
main allegation is against co-accused Neetu who has fired shot at the
deceased and in postmortem report one ante mortem wound of entry with
corresponding exit has been found. The applicant is in jail since 12.1.2010.
Learned A.G.A. has contended that there is gravity in the allegation made
against the applicant that he has entered into house of the deceased and
thereafter fire was shot by one of the co-accused Neetu and committed
murder.
As per FIR version fire was shot by co-accused Neetu and in postmortem
report fire arm wound of entry with corresponding exit has been found.
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
Neetu, the applicant is entitled to be released on bail.
Let the applicant Tinni alias Ved Prakash involved in case crime no. 1192
of 2009, under section 147, 148, 149, 452, 302, 504, 506 IPC and 7 Criminal
Law Amendment Act, P.S. Kotwali Nagar, District Etah 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 :- 26.7.2010
Masarrat