Heard learned counsel for the applicant and learned A.G.A. for the State.
The accused-applicant Niranjan Verma is involved and detained in Case Crime No. 623 of 2009, under Sections 302, 506/34 I.P.C., from Police Station Phool Behad, District Kheri.
The submission of learned counsel for the applicant is that no accused was named by the complainant in the FIR. The name of three accused, namely, Kamlesh, Chotey and Niranjan Verma came in the statement of Smt Vidyawati, wife of deceased, who was examined by the Investigating Officer after 14 days of the occurrence. The wife of the deceased named the accused that they had caused the death of her husband. If she was knowing this fact, she would have disclosed the name of accused after the occurrence. The Investigating Officer has not explained the delay as to why he had examined the wife of deceased after delay of 14 days, who is said to be eye witness of the occurrence. Co-accused Chotey, who has been shown armed with lathi at the time of occurrence, has already been ordered to be released on bail vide order dated 27.11.2009 passed by this Court in Crl Misc Case No. 6797 (B) of 2009. Therefore, present accused applicant, who has also been shown armed with lathi at the time of occurrence, also deserves to be released on bail on the same ground.
Learned A.G.A although opposed the bail application but fairly accepts that the co-accused whose case is similar to the case of present accused, has already been ordered to be released on bail by this Court.
Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate. Keeping in view the fact that co-accused Chotey having identical role as of the present accused applicant has already been released on bail passed by this Court, without expressing any opinion on the merits of the case, applicant may be released on bail.
Let applicant Niranjan Verma be released on bail in aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned. 21.01.2010 Renu/-