Heard learned counsel for the applicant and learned A.G.A. as well as perused the record.
The accused applicant Nanhe @ Arun Shukla, S/o Avdhesh Narain Shukla, R/o Village Kodari, P.S. Salone, District Raibareli is involved and detained in case crime no. 1123/2009, under Sections 307 & 316 IPC, from P.S. Salone, District Raibareli and he has applied for bail.
The submission of learned counsel for the applicant is that as per statement of the injured Pushpa, accused Nanhe @ Arun Shukla and Anil Singh had fired on her and she sustained fire arm injuries while from a perusal of the medical examination report of Pushpa, it appears that she had sustained three incised wound and two abrasions. She has not explained in her statement as to how she has sustained incised wound. The medical examination report is not consistent with her statement. Therefore, prima facie, the prosecution story appears to be doubtful. Co-accused Chakkan @ Rajendra Shukla and Rohit Shukla have already been ordered to be released on bail vide order dated 24.12.2009 and 7.1.2010 passed by another bench of this Court in Cr. Misc. Case No. 9116 (B) of 2009 and Cr. Misc. Case No. 98 (B) of 2010 respectively. Therefore, the accused applicant also deserves to be released on bail.
Learned A.G.A. opposed the bail application and argued that although the injured has not explained as to how she has sustained incised wound but from a perusal of her medical examination report, it appears that she had sustained two fire arm injuries. Two accused are said to have fired on her it might be possible that she had sustained incised wound on account of fall. The medical examination report cannot be said to be inconsistent with the oral statement of the injured. The accused had fired on the vital part of the injured which was dangerous to her life. Therefore, keeping in view of the nature of offence, the accused does not deserve to be released on bail.
Considered the submission of learned counsel for the applicant and learned A.G.A. From a perusal of medical examination report of the injured, it appears that the injured had sustained incised wound which has not explained by her in her statement. Keeping in view of the totality of the facts and circumstances of the case without expressing any opinion on the merit of the case the accused may also be released on bail.
Let the applicant Nanhe @ Arun Shukla be released on bail on his furnishing a personal bond of two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 22.6.2010 Santosh/-