Parcha filed by Shri S.K.Tiwari on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that role was assigned to the applicant and co-accused Sarju Prasad for assaulting by axe. According to First Information Report, incident is dated 01.1.2010. He was discharged from the hospitalon on 13.1.2010. First Information Report was lodged on 09.2.2010, in which applicant was also falsely implicated. There was dispute in between informant and co-accused Sarju Parsad with regard to landed Property. A suit for Specific Performance of contract was filed by wife of injured against the co-accused Sarju Prasad. That land was transferred in favour of the applicant by co-accused Sarju Prasad. Hence in view of the facts, it appears that subsequently, after thought, applicant was also implicated in the present case. Hence in view of the facts, applicant is entitled for bail who is in jail since 15.2.2010.
Learned A.G.A. and learned counsel for the complainant strongly opposed the prayer for bail. It was contended that oral information was given to the police before injured was admitted in the hospital. However, after injured was discharged, First Information Report was lodged. There was no delay in lodging the First Information Report. There was serious injuries for which the applicant was referred to Medical College and after treatment was discharged on 13.1.2010. Hence in view of the fact, applicant is not entitled for bail.
Considering the arguments of parties at this stage without expressing any opinion on merits of the case, in my opinion it is a fit case for bail. Let the applicant namely, Satya Prakash @ Gulli be released on bail in Case Crime No. 178 of 2010, under sections 307, 324, 504 and 506 I.P.C., P.S. Walterganj, District Basti on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned Order Date :- 21.6.2010 S.A.A.Rizvi