Court No. - 18 Case :- BAIL No. - 5201 of 2010 Petitioner :- Vinod Respondent :- State Of U.P. Petitioner Counsel :- Virendra Kumar Shukla Respondent Counsel :- G.A. Hon'ble S.N.H. Zaidi,J.
Counter affidavit filed on behalf of the State, in Court is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
The submission of learned counsel for the applicant is that though according
to the report of the incident, eight persons, including the applicant, had
resorted to indiscriminate firing as a result thereof four persons sustained
injuries and one of the injureds, namely, Arjun died on the spot but in their
statements, the complainant and the injureds have stated that applicant Vinod
and co-accused Ram Chandra were armed with lathis whereas co-accused
Ram Asrey and Mool Chandra were armed with Dandas and they had also
given lathi and danda blows to the deceased as well as to the injureds, but
there is no injury either on the person of the deceased or on the injureds which
could be caused by lathi or danda and all the injuries of the deceased and
injureds are of fire-arms as reported by the doctors.
It has been pointed out that co-accused Ram Asrey, Mool Chandra and Ram
Chandra have been admitted to bail by this Court vide orders passed in
Criminal Misc. Case No. 1803 (B) of 2010 dated 10.3.2010, Criminal Misc.
Case No. 1879 (B) of 2010 dated 11.3.2010 and Bail No. 1594 of 2010 dated
25.2.2010 respectively.
Learned A.G.A. has, however, opposed the bail.
Considering the above circumstances, nature of accusation and the role
allegedly assigned to the applicant, nature of injuries sustained by the
deceased and the injureds, severity of punishment, reasonable apprehension
of tampering the witnesses, prima facie satisfaction regarding proposed
evidence and genuineness of the prosecution case, the applicant appears
entitled to bail.
Let applicant Vinod, involved in Case Crime No. 1210 of 2009 under sections
147,148,149,302,307,504 I.P.C. Police Station-Bagarmau, District-Unnao, be
enlarged on bail on his executing a personal bond a furnishing two sureties
each in the like amount to the satisfaction of the court concerned.
Order Date :- 14.7.2010
Rizvi