Heard the learned counsel for the applicant and learned A.G.A. and perused the record.
The applicant is involved in Case Crime No.160 of 2000, under Sections 174, 145, 146, 151 Railways Act and Section 147, 436 and 427 I.P.C., Police Station G.R.P., Lakhimpur, District Lakhimpur Kheri.
As against the complicity of the applicant and proposed evidence it is submitted that as would be apparent from the perusal of the F.I.R. as also some of the statements under Section 161 Cr.P.C. of the constables it would be apparent that the applicant was not involved in the actual damage done to the Railways. At the same time it is also pointed out that much damage was not caused of Railways. Only seat of the bogie was burnt and some glass pans were broken and hose pipes were disconnected by several persons who had assembled on the spot to ventilate their grievances against in action on the part of the police to work out a dacoity and murder in which four persons belonging to business community had been brutally murdered. It is said that the lower court itself has granted bail in favour of two co-accused namely Gyan Swaroop Shukla and Nand Kumar Mishra. It is said that the offences are not so grave. There is no criminal history against the applicant who is a reputed businessman. He is languishing in jail from November, 2009.
The bail is, however, opposed by learned A.G.A.
In view of the aforesaid facts and circumstances and without entering into the merits of the case I find it to be a fit case for granting bail. Let the applicant (Sewak Singh Ajmani) be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.
Order Date :- 1.2.2010 PAL/