Heard learned counsel for the applicant and learned A.G.A. for the State.
The role assigned to the applicant is of having assaulted the deceased with either lathi or sariya. Learned counsel for the applicant contended that even this role has not been clarified from the statement of injured recorded under section 161 Cr.P.C. Learned counsel for the applicant further contended that role of firing has been assigned to the co-accused Ramesh Chandra and not to the applicant. It is also contended that the applicant ran away from the spot and left his motorcycle. It is submitted that in view of the role assigned to the applicant there should have been some medical report. In paragraph 11 of the supplementary affidavit filed, which has also been served on the learned A.G.A., it has been stated that there is neither any X-ray report nor any supplementary medical report .The applicant is behind the bar since 17.4.2010.
The learned A.G.A. contended that applicant has caused injuries to the injured.
Keeping in view the nature of submissions advanced and the role of the applicant, the applicant is entitled for bail.
Let the applicant Chhotu Srivastava involved in Case Crime No. 558 of 2010 under Sections 397, 323 I.P.C. Police Station Kalwari District Basti be enlarged on bail on his executing a personal bond and furnishing two sureties, each in the like amount. to the satisfaction of the court concerned.
Order Date :- 23.6.2010 Aks