Shakeel vs State of U.P.

Hon''ble Ashok Srivastava, J.—A counter affidavit filed on behalf of the State is taken on record. This bail application has been moved on behalf of the applicant-Shakeel, who is involved in Case Crime No. 223 of 2011, under Sections 308/323/504/506, I.P.C., Police Station Kasganj, District Kashi Ram Nagar.

It has been submitted from the side of the applicant that the applicant is in jail since 27.05.2011; that he is innocent and has committed no offence; that he has been falsely implicated in this case due to long standing enmity between two sides. It has further been submitted from the side of the applicant that the alleged date of incident is 21.01.2011 and an application u/s 156(3), Cr.P.C. was moved probably in the month of February or March and no attempt was made from the side of the complainant to lodge the F.I.R. directly at the police station concerned. It has further been submitted that from perusal of the injury report and the allegations as appearing from the F.I.R. and the statements of the witnesses, it is clear that no specific role has been assigned to the applicant.

The bail application has been opposed by learned A.G.A.

I have heard learned counsel for the parties and perused the records.

From a perusal of the F.I.R. and the statements of the witnesses, it appears that general role has been assigned to all the accused persons and it cannot be said that which assault made by the accused persons hit the head of the injured.

I have considered all the aspects of the case and without expressing any opinion as to the merits of the case, I am of the view that the applicant should be released on bail. Let the applicant Shakeel who is involved in case Crime No. 223 of 2011, under Sections 308, 323, 504, 506, I.P.C., P.S. Kasganj, District Kashi Ram Nagar be released on bail on his executing a personal bond with two sureties each in the like amount and satisfaction to the court concerned.