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Judgment
7 paragraphs · 335 wordsAlok K. Singh, J.
Heard Smt. Archana Mishra, learned counsel for the applicant, learned A.G.A. and perused record.
The applicant no.2 is involved in Case Crime No.361 of 2008, under Sections 302, 323, 325, 504, 427, 352 I.P.C., Police Station Gauriganj, District Sultanpur.
As against the proposed evidence, it is submitted that there are cross cases/versions. The report from the side of the applicant was registered as N.C.R. (Annexure2). It is also emphasized that two persons including the applicant have received injuries from the side of the applicant, whose injury reports have also been brought on record. It is further submitted that though an Xray was advised in respect of one injury caused to Shyam Prakash alias Shyamu (nonapplicant) but the police did not care to even get Xray conducted. It is said that the aforesaid Shyam Prakash alias Shyamu having similar allegation against him, has already been enlarged on bail by this Court on 04.05.2009. In respect of criminal history of three cases it is submitted that in Case Crime No.85 of 1995, under Sections 323, 504, 506, 326 and 452 I.P.C. he has already been acquitted. In the remaining two cases he is on bail. He is said to be in jail from 13.08.2008 i.e. for the last more than nine months.
The bail is however, opposed by learned A.G.A.
The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the cross cases/versions, I find it to be a fit case for granting bail. Let the applicant (Surya Narain) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.