DINESH TIWARI 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.361 of 2008, under Sections 302, 323, 325, 504, 506, 427, 325 I.P.C. and 3 (2) (V) S.C./S.T. Act, Police Station Gauriganj, District Sultanpur. As against the genuineness of the prosecution case and proposed evidence it is submitted that there are cross cases/versions. The report from the side of the applicant was registered as NCR. It is said that from the side of the applicant there are two injured. The cause of death in this case has been found asphyxia as a result of ante-mortem drowning. Lastly it is said that co-accused Shyam Prakash alias Shyamu having similar allegation against him, has already been enlarged on bail by this Court vide (Annexure SA- 2). He is said to be in jail from 14.08.2008. It is said that only one complaint case under Sections 325, 504 and 506 I.P.C. is pending against him in which he is on bail. 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 ground of parity, I find it to be a fit case for granting bail. Let the applicant (Dinesh Tiwari) 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.