Heard learned counsel for the applicants, learned A.G.A. and perused the F.I.R., medical report and other relevant papers filed in support of the bail application.
The submission of learned counsel for the applicants is that in the F.I.R. there is general allegation that accused-applicants and one other, fired by 'Tamancha' at Vishmbhar Nath Shukla causing injuries.
Learned counsel for the applicants further submits that from perusal of the rejected bail order of the court below, it comes out that in the statement of the injured recorded 161 Cr.P.C. it has been specifically pointed out that the applicants were armed with pistol of 0.315 bore. Learned counsel for the applicants also submits that the injury received by the injured are lacerated wound which could not be caused by pistol of 0.315 bore. It is further contended that neither in the injury report nor in the supplementary injury report of the injured it has been opined that the injuries received were grievous in nature. Learned counsel also submits that no case under Section 307 I.P.C. is made out, at the most the case would fall in the ambit of Section 324 I.P.C. The accused-applicants are in jail since July, 2009, as averred in para 2 of the bail application and have no previous criminal history, as mentioned in para 12 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 applicants, Teerath Ojha alias Pravesh Kumar Ojha and Manish Shukla be released on bail in Case Crime No.179/2009, under Sections 307, 504, 506 I.P.C., P.S. Antu, District Pratapgarh, on their filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned/remand magistrate.
Order Date :- 8.1.2010 Kpy