Court No. 20
Criminal Misc. Case No. 7920(B) of 2009
Virendra Singh ...Versus... State of U.P
.
Hon'ble Raj Mani Chauhan,J.
Heard learned counsel for the applicant and learned A.G.A. for
the State as well as perused the record.
The accused-applicant Virendra Singh is involved and detained in
Case Crime No. 433 of 2008, under Sections 147, 148, 149, 302 I.P.C.,
Section 3(2)(5) SC/ST Act and Section 2/3 U.P. Gangster (Prevention of
Antisocial Activities) Act, 1986, from Police Station Dalmau, District
Raebareli and he has applied for bail.
The submission of the learned counsel for the accused applicant is
that as per version of the F.I.R., all the five accused armed with lathi,
spade and axe caused injuries to Guru Charan Chamar and Rajwati, who
succumbed to their injuries. Learned counsel for the accused applicant
contends that no specific weapon had been assigned to any of the
accused. Later on, as per statements of the witnesses, accused Ram
Bahadur, Indra Bahadur and Shiv Baran were shown armed with lathi,
accused Santosh was shown armed with Spade and accused applicant
Virendra Singh was shown armed with axe. All the accused except the
present accused applicant have already been ordered to be released on
bail by this Court. Therefore, the present accused applicant also deserves
to be released on bail..
Learned A.G.A. opposed the bail application.
Considered the submissions of the learned counsel for the accused
applicant and learned A.G.A.
The co-accused Santosh who was shown to be armed with Spade
has already been ordered to be released on bail by this court. The present
accused applicant is said to be armed with axe at the time of occurrence.
Keeping in view the totality of the fact and circumstances of the case,
without expressing any opinion on the merit of the case, the accused
applicant may also be released on bail.
Let applicant Virendra Singh be released on bail in the aforesaid
case crime number on his furnishing a personal bond with two sureties
each in the like amount to the satisfaction of the court concerned.
02.02.2010
Sanjay/-