Heard learned counsel for the applicant, learned A.G.A. and perused the F.I.R. and other relevant papers filed in support of the bail application.
The submission of learned counsel for the applicant is that the occurrence in the present case took place on 3/4.9.2009 at about 12:00 a.m. The allegation therein is that 6-7 people were spotted carrying away forest wood, which they had stealthily cut in the Khairahna forest block. On being challenged by the complainant and his party, the accused persons started firing. It is further alleged that three people got injured and in the light of torch only accused-applicant was recognized.
Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case because the complainant, who is official of forest department, was inimical to him as the accused-applicant did not fulfill the demand of illegal gratification.
Learned counsel for the applicant further submits that it is not specific in the F.I.R. as to which of the accused persons fired causing injuries to three injured persons. The applicant is in jail since 8.9.2009, as averred in para 16 of the bail application and has no previous criminal history, as mentioned in para 17 of the bail application.
Considering the overall aspects of the matter and without entering into the merit of the case, I hereby provide that the applicant, Sukhdeo Singh alias Sukkha Singh, be released on bail in Case Crime No.974/2009, under Sections 147, 148, 149, 307, 353, 379, 34, 411 I.P.C., Sections 26, 41, 42 Indian Forest Act and Section 3 Lok Sampatti Nivaran Adhiniyam, P.S. Nighasan, District Kheri, on his filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned/remand magistrate.
Order Date :- 4.2.2010 Kpy