Allahabad High Court
Uma Shankar Yadav And Another vs State Of U.P. on 1 July, 2010
Author: B.N. Shukla
Bench: B.N. Shukla
Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16403 of 2010 Petitioner :- Uma Shankar Yadav And Another Respondent :- State Of U.P. Petitioner Counsel :- Surendra Kumar Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Learned counsel for the applicants has contended that as per FIR version the applicants were armed with Farsa and Kudal and they had inflicted injuries along with other co-accused and in statement of Sonu it has come that Mahngi and Kaushalya were armed with lathies and this fact has been introduced after post mortem of the dead bodies because in the post mortem reports ante mortem injuries were found which were caused by blunt object. It is further contended that co-accused Mahngi and Kaushalya have already been allowed bail by this court. The applicants are in jail since 20.1.2010.
Learned A.G.A. has contended that applicants were also involved in inflicting injuries to the deceased.
There is no statement of witness alleging therein that blunt side of Farsa and Kudal was used by the applicant. There is no ante mortem injuries caused by Farsa and Kudal. Co-accused Mahngi and Kaushalya have already been allowed bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the court in support of the charge, the applicants are entitled to be released on bail.
Let the applicants Uma Shankar Yadav and Bhanu Yadav involved in case crime no. 31 of 2010, under section 302, 352, 504, 34 IPC, P.S. Madhuban, District Mau be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 1.7.2010 Masarrat