Heard learned counsel for the applicant, learned A.G.A. for the State.
The accused-applicant Abid Ali Beg @ Alloo is involved in Case Crime No.567 of 2009, under Sections 323, 504, 307, 302 I.P.C., from Police Station Malihabad, District Lucknow.
The submission of learned counsel for the applicant is that no motive of the alleged occurrence has been assigned by the complainant to the present accused-applicant. The main role of firing has been assigned to the co-accused Sahid Ali, whose case stands on different footing from the present accused. As per prosecution case the present accused-applicant is said to have taken away the deceased with him and he had exhorted the main accused to fire the deceased. In fact the accused has neither taken the deceased with him nor exhorted the co- accused to fire on him. The participation of the present accused- applicant in the alleged occurrence prima-facie appears to be doubtful. The accused has got no criminal history. Therefore, he deserves to be released on bail.
Learned A.G.A opposed the prayer for bail. Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate. Keeping in view the totality of facts and circumstances of the case without expressing any opinion on the merits of the case, applicant may be released on bail.
Let applicant Abid Ali Beg @ Alloo be released on bail in aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
08.01.2010.
Prajapati/-