VISHWANATH CHAUHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) COUNTER affidavit filed on behalf of the complainant is taken on record. This bail application has been moved on behalf of applicant Vishwanath Chauhan, who is involved in Case Crime No. 850 of 2011, under Sections 323, 504 and 304 I.P.C., Police Station Kotwali, district Azamgarh. Heard learned counsel for the applicant, Mr. Siddharth, learned counsel for the complainant and learned A.G.A. for the State and perused the materials on record. It has been submitted from the side of the applicant that the applicant is in jail since 15.6.2011. It has further been submitted that he is innocent and has committed no offence. It has also been submitted that he has been falsely implicated in this case due to previous enmity existing between the two sides. Learned counsel for the applicant has vehemently argued that it is not a case of a pre -planned homicide. The role assigned to the applicant is confined to the allegation that he was carrying a Lathi in his hand. He has further argued that from perusal of the injury report and the post -mortem examination report it is evident that the injuries caused by Lathies are not fatel nor are on vital part of the body of the deceased.

(2.) THE bail application has been opposed by learned counsel for the complainant as well as learned A.G.A.

(3.) CONSIDERING all the aspects of the case and without expressing any opinion as to the merits of the case, in my opinion the applicant should be released on bail. Let the applicant Vishwanath Chauhan, who is involved in Case Crime No. 850 of 2011, under Sections 323, 504 and 304 I.P.C., Police Station Kotwali, district Azamgarh be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.