SONU ALIAS MONU Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.885 of 2008, under Sections 323, 504, 506, 308 and 304 I.P.C., Police Station Ataria, District Sitapur. As against the nature of accusation and proposed evidence it is submitted that perusal of the post mortem report would reveal the cause of death has been found to be COMA as a result of ante mortem head injury. Head injury happens to be contusion measuring 18 cm. X 12 cm. and according to the statement of the none other the complainant himself (Annexure-2) co-accused Arvind had struck lathi on the head of the deceased while another co-accused Sushila had struck saria. Further in his statement no weapon appears to has been assigned to the applicant. Similarly in the F.I.R. also only general allegations have been made in respect of wielding lathi, danda and saria by all the accused. Therefore, it is submitted that the case of the applicant is distinguishable. He is said to be in jail from December, 2008. It is orally claimed that there is no criminal history against him. There is no quarrel from the other side on this point. 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 fact that case of the applicant is distinguishable, I find it to be a fit case for granting bail. Let the applicant (Sonu @ Monu) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.