Heard the learned counsel for the applicant and the learned AGA and perused the record.
The prayer for bail has been made on behalf of the accused applicant Sahab Mallah alias Awadh Bihari in Case Crime No.340 of 2009 under sections 304/34/120B I.P.C. and Section 7 of the Criminal Law Amendment Act, P.S. Dullahpur, district Ghazipur.
As per prosecution case on 20.4.2009 at about 10.00 a.m. deceased Manoj Kumar Verma was sitting in Shiva Medical Hall, three persons came there on a motorcycle and caused fire arm injuries to him resulting in his death. During the investigation the name of the accused applicant was brought to light.
It is contended by the learned counsel for the applicant accused that there is no evidence against the accused-applicant. His name has been brought on record after about three months of the alleged incident and no specific role of causing fire arm injury to the deceased has been assigned to him.
The learned AGA has opposed the bail application.
Considered the facts and circumstances of the case and the submissions made by the learned counsel for the parties. The name of the accused has been brought to light after about three months of the alleged incident in the statement of the witness, who was examined for the first time after about three months of the incident. No role of causing fire arm injury has been assigned to the applicant. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Sahab Mallah alias Awadh Bihari involved in Case Crime No.340 of 2009 under sections 304/34, 120-B I.P.C. and 7 of the Criminal Law Amendment Act, P.S. Dullahpur, district Ghazipur be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
Order Date :- 19.1.2010 Ak/