Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that applicant is a student of Class B.A. Dispute took place in between the parties. However, applicant is falsely implicated in the present case. As per allegations the applicant alongwith two other co-accused having Lathi and other co-accused armed with Ganasa and country made pistols , assaulted injured Subodh and Devendra with intenton to kill them. There is one incised wound on the head of injured Devendra. Other injuries are on non vital part. There are four injuries on head of injured Subodh. Out of which three are incised wound and only one injury appears to be caused by blunt object. There was no fracture or internal damage except dislocation of left hand. Three persons alleged to have Lathi including applicant. There was a cross case on the side of the applicant. Co-accused Navneet also received injuries. There are six injuries reported which are abraded contusion on left arm, wrist, back of chest, left side back of abdomen etc. There is no criminal history. However, the applicant is in jail since 24.2.2010, hence he is entitled for bail.
The aforesaid bail prayer is strongly opposed by the learned counsel for the complainant and learned A.G.A. on the grounds that two persons received number of injuries including head injury. There was intention to kill. However fortunately injured survived, hence applicant is not entitled for bail In view of aforesaid fact, without observation on merit, let the applicant namely, Shubham @ [email protected] Bhanu be released on bail in Case Crime No. 09 of 2010, under sections 147, 148, 149, 307 I.P.C., P.S. Kanth, district Moradabad on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned.
Order Date :- 2.4.2010 S.A.A.Rizvi