Heard learned counsel for the applicant, the learned A.G.A. and Sri Dileep Tiwari, learned counsel for the complainant.
It is contended by learned counsel for the applicant that in the present case the applicant and is father DR. Shamshad are named as accused. But after investigation final report has been submitted in favour of the co-accused Dr. Shamshad. It is alleged that applicant discharged the shot causing the injury to the brother of the first informant, thereafter he caused the injury by using the Karauli. In the said incident three persons have sustained injuries but none of the injury was found grievous or dangerous to life. In the said incident the applicant has also sustained injury. Thereafter the cross FIR has been lodged in pursuance of the order passed under section 156(3) Cr.P.C. and the injury sustained by the applicant has not been explained. The applicant is remained in jail for the last 23 months. He is in jail since 10.7.2010, he is not having 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 Irshad involved in case crime no. 1543 of 2010 under Sections 307, 324, 504, 506 I.P.C., P.S. Kotwali Nagar, District Sitapur 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 :- 23.5.2012 RPD