Applicants-Sishu Pal Singh and Shree Krishna seek bail in Case Crime No.50 of 2010 under Sections 452,324,504,307 IPC, Police Station Malawan, District Etah.
Heard learned counsel for the applicants and Sri N.S. Kushwaha, Advocate who has put in appearance on behalf of the informant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicants that applicant no.1 is alleged to have caused firearm injuries to Rinku while applicant no.2 is said to have caused Pharsa injuries to Rajneesh (the informant) with intention to kill but no firearm or Pharsa injuries were found on the persons of injured. Lastly he argued that the applicants, being in jail since 8.3.2010, having no criminal history to their credits, deserve to be released on bail at this stage.
The bail is, however, opposed by the learned A.G.A. as well as by the learned counsel for the informant.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Considering the totality of circumstances of the case, I consider it a fit case to enlarge the applicants on bail.
Without expressing any opinion on the merits of the case, let the applicant- Sishu Pal Singh and Shree Krishna involved in aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 10.5.2010 Mt/