PRAVIN KUMAR MISRA ALIAS GOLDEN Vs. STATE

JUDGEMENT

(1.) RAJ Mani Chauhan,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as learned counsel for the complainant.

(2.) THE accused-applicant Pravin Kumar Misra @ Golden, who is involved and detained in Case Crime No.672 of 2009, under Sections 302, 307, 506 I.P.C., Police Station Mallawan, District Hardoi and is facing Sessions trial No. 172 of 2010, has moved this bail application.

(3.) THE submission of learned counsel for the applicant is that as per version of the FIR, the main role of firing on the deceased has been assigned to co-accused Chandra Shekhar alias Guddu while no role of firing has been assigned on the deceased to the present accused-applicant. The complainant in his statement recorded under Section 161 Cr.P.C. too has not assigned the role of firing on the deceased to the present accused applicant. From a perusal of copy of the post-mortem examination report of the deceased, it appears that the deceased had sustained single fire arm injury. The participation of the accused applicant, prima facie, appears to be doubtful. He, therefore, deserves to be released on bail.