RAM CHANDER TRIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) FROM the complainant side Sri Akhilesh Tripathi, Advocate has filed his Vakalatnama. On the last occasion it was pointed out that he is assisting learned A.G.A. but never appears to show that the bail application may be kept pending. In view of it, the case was directed to be put up today. List revised. None responds for the private counsel on behalf of the complainant. However, learned A.G.A. is present. Heard the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.53 of 2008, under Sections 302/34 I.P.C., Police Station Mohammadpur Khala, District Barabanki. It is submitted that there are cross cases/versions. FROM the side of the applicant there is on injured having five injuries (Annexure RA-2). It is also submitted that there is no explanation of his injuries whereas in his cross F.I.R. (Annexure-5) it has been explained that from the fire made by the other side itself the deceased Rajendra Godiya received gun shot injury and died. Learned A.G.A. points out that there is a delay in lodging the cross F.I.R. In reply to this learned counsel for the applicant submits that his report was not being lodged due to which he moved an application before Mahila Aayog and then to Superintendent of Police as mentioned in the F.I.R. itself. It is also said that there are two accused in this case. The co-accused happens to be his brother who has already been granted bail by the court of Sessions. He is said to be in jail from February, 2008. In para 19 it is claimed that there is no criminal history against him. 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 there are cross cases/version and there is no explanation of injuries of other side, I find it to be a fit case for granting bail. Let the applicant (Ram Chander Trivedi) 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.