RAM HET Vs. STATE OF U P

JUDGEMENT

(1.) SUPPLEMENTARY affidavit filed today is taken on record. Heard the learned counsel for the applicants, learned A.G.A. and perused record. The applicants are involved in Case Crime No.347 of 2008, under Sections 147, 148, 149, 307, 302, 506 I.P.C. and Section 7 Criminal Law Amendment Act and Section 2/3 U.P. Gangster Act, Police Station Bhadokhar, District Raebareli. It is submitted that though the specific role of firing has been assigned to the applicant Ram Het but there is no fire arm injury. The second applicant has been assigned with Banka and as pointed out from the other side there are injuries of incised wounds on vital part of the deceased. But it is submitted that there are cross cases/versions and there are three injured on the side of the applicant. It is said that those injuries have not been explained and the prosecution has suppressed the genesis of this incident. It is also pointed out that co-accused Sunny alias Girish Chandra has been assigned with lathi and there are fatal injury of blunt object but even then he has been enlarged on bail (Annexure SA-2) mainly on the ground that injuries of the other side have not been explained. In respect of a case under Section 307 I.P.C. shown in the gang chart it is submitted that it is an alleged incident of an attempt on police party without causing any injury and the applicant is on bail which he has not misused till date. They are said to be in jail from April, 2008. It is claimed that there is no criminal history against them. The bail is however, opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the discussion made hereinabove, I find it to be a fit case for granting bail. Let the applicants (Ram Het and Ram Chandra) be enlarged on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the Magistrate/court concerned.