Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that in the F.I.R. 12 persons have been arrayed as accused and there is specific role assigned to co- accused Prabhakar Awasthi who had fired at the deceased. The applicant did not cause any injury to any person.
Learned A.G.A. contends that the applicant was present on the spot and co-accused Prabhakar Awasthi fired shot at the deceased.
Co-accused Anand Bihari Dixit @ Bachcha has also been granted bail by order dated 24.5.2010.
Considering the role of the applicant and distinguishing his case to that of co-accused Prabhakar Awasthi, who is main assailant in this case, without expressing any opinion on merits of the case, the applicant is entitled to be released on bail.
Let the applicant namely, Kaira @ Vinod involved in Case Crime No. 107 of 2010, under Sections 147, 148, 149, 302, 394, 436, 286, 411 and 34 I.P.C. and 7 Criminal Law Amendment Act, P.S. Kotwali Nagar, District Banda I.P.C., P.S. Civil Lines, District Budaun 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 :- 28.6.2010 S.A.A.Rizvi