Rinku Thakur @ Kachhuwa @ Vibhav Pratap Singh vs State of U.P.

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 as per F.I.R. version applicant and 7-8 persons have inflicted injuries but in the postmortem report one head injury has been found. It is not clear which of the accused is author of the said injury. Incident had taken place during night hours.

Learned A.G.A. contended that applicant has criminal history of twelve cases and in reply learned Counsel for the applicant contended that in all the cases the applicant has been acquitted, copy of the Judgment has been filed as annexures-8,9 and 10 of the affidavit.

Deceased had received one head injury, it is not clear who is the author of the said injury. Applicant is in jail since 9.6.2010.

Considering the facts and circumstances of the case and submissions made by the learned Counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Rinku Thakur @ Kachhuwa @ Vibhav Pratap Singh involved in Case Crime No. 127 of 2010, under Sections 147, 304, 504 IPC Police Station Nawabganj District Kanpur Nagar 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 with the following conditions:

The applicant shall not indulge in any such activity in future.

The applicant shall not pressurise/intimidate the prosecution witnesses and evidence during trial.

The applicant will appear before the trial court on the date fixed.

In defiance of any of the aforesaid conditions, the court below will be at liberty to cancel the bail of the applicant. Identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.