Learned A.G.A. files counter affidavit, which is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State.
The accused applicant Ram Chandar Gautam is involved and detained in Case Crime No. 450 of 2009, under Section 302 I.P.C., from Police Station Hazratgang, District Lucknow.
The submission of learned counsel for the applicant is that as per version of the FIR, two unknown persons on 19.04.2009 at 9.15 P.M. reached at the shop of complainant on motorcycle. One of them opened fire on Pawan, son of complainant who was present in the shop. The complainant did not disclose the name of accused in the FIR. After nine days of the occurrence, he named the accused applicant. The main assailant is said to be co-accused Raja Bharti who has already been ordered to be released on bail vide order dated 24.06.2010 passed by this Court in Crl Misc Case No. 4743 (B) of 2010. As against the accused applicant, it has been stated by the witnesses that he was driving the motorcycle. No role of firing has been assigned to him. The accused applicant, therefore, deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate. Keeping in view the totality of the facts and circumstances of the case as well as the fact that co-accused Raja Bharti has already been ordered to be released on bail, without expressing any opinion on the merits of the case, accused applicant may be released on bail. Let applicant Ram Chandar Gautam 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. Order Date :- 29.6.2010 Renu