Counter affidavit filed by the learned A.G.A. is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State.
The accused-applicant Guddu alias Ayush is involved in Case Crime No.2342 of 2008, under Sections 147, 148, 149, 436, 302, 201 I.P.C. from Police Station Kheri, District Lakhimpur Kheri.
The submission of learned counsel for the applicant is that the accused-applicant is not named in the first information report. The name of accused-applicant, his father Satya Narain, Ramesh and Gulau came into the light during investigation. Co-accused Satya Narain has already been ordered to be released by a detailed and reasoned order dated 7.8.2009 passed in Criminal Misc. Case No.3005(B) of 2009. The case of present accused-applicant is identical to that of co-accused Satya Narain, who has already been ordered to be released on bail. Therefore, the accused-applicant also deserves to be released on bail.
Learned A.G.A opposed the bail application.
Considered the submissions of the learned counsel for the applicants and the learned Additional Government Advocate. Keeping in view the totality of the facts and circumstances of the case as well as the fact that the co-accused Satya Narain, who has also not been named in the first information report, has already been ordered to be released on bail, without expressing any opinion on the merits of the case, the accused- applicant may also be released on bail.
Let applicant Guddu alias Ayush 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. 22.01.2010.
Prajapati/-