SIDDIQ Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicants and the learned A.G.A. and perused the record. It is submitted by learned counsel for the applicants that according to the prosecution version the alleged incident has taken place in the night of 26/27.7.2011 at unknown time, its F.I.R. has been lodged on 27.7.2011 at 00.40 a.m. According to the prosecution version the applicants were armed with Pharsa, other co-accused were armed with gun and lathi. In the said incident two persons have sustained injuries out of which one person succumbed to his injuries. The injured Gajendra has sustained three injuries caused by hard and blunt object. According to the post mortem examination report, the deceased Jagram has sustained three ante mortem injuries in which injury nos. 1 and 3 were stitched wounds and injury no. 2 was contused traumatic swelling. In the said incident neither the injured nor the deceased has sustained any injury caused by pharsa. The case of the applicants is distinguishable with the case of other co-accused person, who were armed with lathi. The applicants are in jail since 27.7.2011.

(2.) In view of the facts and circumstances of the case and submissions made by the learned counsel for the applicants and without expressing any opinion on the merits of the case the applicants are entitled to be released on bail.

(3.) Let the applicants Siddiq, and Bilal involved in case crime no. 164 of 2011 under Sections 147,148,149,323,504,506,341,308,307,302, I.P.C., and 7 Criminal Law Amendment Act P.S. Barsana District Mathura be released on bail on their furnishing personal bond and two heavy sureties to the satisfaction of the Court concerned with the condition.