This is the second bail application, the first one was rejected by Hon'ble S.S. Tiwari, J, but he released this bail application on 30.10.2009 and after order of Hon'ble the Chief Justice for listing the case before the appropriate Bench, this bail application has come up before me.
Heard learned counsel for the applicant and learned Additional Government Advocate.
It is argued by the learned counsel for the applicant that the role assigned to the applicant is of catching hold of the deceased,who was fired upon by the co-accused Aejaz. It is further argued that catching hold of the deceased when fire takes place on him is a little improbable as the person who catches hold of the deceased suffers a risk to himself.
Per contra, learned AGA argued that there are no changed circumstances.
Having considered the submissions of the parties and without expressing any opinion on the merits of the case, let the applicant
-Imtiyaz alias Chhotu, involved in case crime No. 2173 of 2008, under sections 302/34/120-B IPC and 7 Criminal Law Amendment Act, police station Jangipur, district Ghazipur, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned.
Order Date :- 12.1.2010 Ishrat