Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11830 of 2010 Petitioner :- Virendra Respondent :- State Of U.P. Petitioner Counsel :- R.P.S. Chauhan 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 the applicant and co-accused had fired shots but the
deceased has received one fire arm wound of entry with
corresponding exit wound and in site plan it appears that the
deceased was present at place ‘A’ which is first floor and the fire
was shot by the accused applicant from place ‘B’ which is Angan
and considering the nature of ante mortem injury such type of
injury could not be caused by the applicant after firing from place
‘B’. It is further contended that the deceased was murdered by
some unknown assailants. The co-accused Shyoraj has already
been granted bail by this Court. The applicant is in jail since
27.10.2009.
Learned A.G.A. has contended that there is allegation against the
applicant and co-accused that they have committed murder of the
deceased.
No motive has been assigned on the part of the applicant to
commit murder.
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,
the applicant is entitled to be released on bail.
Let the applicant-Virendra, involved in case crime no. 823 of
2009, under section 452, 302 IPC, P.S. Rajpura, District Budaun
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 :- 14.7.2010
Salim