Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The accused Ayodhya, S/o Bindra Verma, R/o Village Baila Mau, P.S. Fatehpur, District Barabanki is involved and detained in case crime no. 241 of 2009 under Sections 147, 148, 149, 302, 307, 323, 504, 506 IPC & 7 Criminal Law Amendment Act, from P.S. Ram Nagar, District Barabanki and he has moved the second bail application. The first bail application had been rejected by me vide order dated 3.2.2010.
The submission of learned counsel for the applicant is that after the rejection of the first bail application of the accused applicant, co-accused Ram Kumar and Omkar Verma were ordered to be released on bail vide order dated 8.3.2010 passed by this Court in Cr. Misc. Case No. 8353 (B) of 2009 on the ground that some of the witnesses had not named them. In this case too injured witnesses Nanhu, J.P. and Virendra have not named the accused applicant while the rest witnesses Manoj and Holi have named the accused applicant. But they have not assigned any specific role to the accused applicant, therefore, the accused applicant also deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considered the submissions of learned counsel for the applicant and learned A.G.A. for the State. In this case co-accused Ram Kumar and Omkar Verma have already been ordered to be released on bail who were too not named by the some of the injured witnesses in their statement. Keeping in view the totality of the facts and circumstances of the case without expressing any opinion on the merit of the case, the accused applicant may also be released on bail.
Let the applicant Ayodhya be released on bail in the aforesaid case crime number on his furnishing a personal bond of two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 28.6.2010 Santosh/-