Heard learned counsel for the applicant and the learned A.G.A.
It is contended by learned counsel for the applicant that in the present case the FIR was lodged under section 323, 504 IPC and section 3(1)X SC/ST Act in which the applicant was released on bail on 19.10.2011 by learned Special Judge (SC/ST Act), Hardoi. In pursuance of the order dated 19.10.2011 the applicant came out from the jail, he did not mis-use the liberty of the bail but the chargesheet has been submitted under section 308 IPC, therefore, he against sent to jail under section 308 IPC. The applicant is in jail since 7.1.2012. It is alleged that injuries were cause by using the hockey and country made pistol but injured has sustained four visible injuries. The injury No. 1 and 2 were contused swelling and injury No. 3 was abrasion, injury No. 4 was contusion in injury No. 5 was complaint of pain. The applicant is not having any criminal antecedent.
In view of the facts, circumstances of the case, submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Hulla Singh @ Rahul Singh involved in case crime no. 2203 of 2011 under Sections 308 I.P.C., P.S. Kotwali Shahar, District Hardoi be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned with the conditions:
1.that he will not temper with the evidence and
2.he shall report to the court of C.J.M. concerned in the first week of each month to show his good conduct and behaviour till conclusion of the trial.
Order Date :- 18.5.2012 RPD