Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20570 of 2010 Petitioner :- Yamin Kadari Respondent :- State Of U.P. Petitioner Counsel :- Sushil Shukla Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant and learned A.G.A.
appearing for the State.
It is contended by the learned counsel for the applicant that there
are cross cases. From the side of the applicant one person has
received injuries and as per FIR version five accused persons
including the applicant had inflicted injuries by iron rod but in the post
mortem report one injury has been found and it is not clear who is
author of the said injury.
Sri KK Dwivedi, learned counsel for the complainant contended that
applicant inflicted injuries to the deceased along with co-accused.
Learned A.G.A. supported the arguments of the learned counsel for
the complainant.
There are cross-cases. Both the sides have received injuries. The
applicant has no criminal history and is in jail since 10.6 .2010.
Considering the nature of accusation and the severity of punishment
in case of conviction and the nature of supporting evidence,
reasonable apprehension of tempering 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 Yamin Kadari involved in Case Crime No. 977 of
2009 under Sections 147, 148, 149, 302, 324, 325, 323, 504 IPC
Police Station Etmaudaula, District Agra 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 :- 5.8.2010
SU.