SHIV MOHAN ANR Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER affidavit filed today is taken on record. Learned counsel for the applicant does not want to file rejoinder affidavit. Heard the learned counsel for the applicants, learned A.G.A. and perused record. The applicants are involved in Case Crime No.12 of 2009, under Section 302 I.P.C., Police Station Hathigaon, District Pratapgarh. It is submitted on behalf of the applicants that the only role attributed to them is that of exhortation as would be apparent from the perusal of the F.I.R. itself. It is claimed that there is no criminal history against them and this averment has not been controverted in the counter affidavit. They are said to be in jail from January, 2009. 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 role attributed to them, I find it to be a fit case for granting bail. Let the applicants (Shiv Mohan and Jeete) 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.