MUNESH SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) REJOINDER affidavit filed today is taken on record. Heard the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.5 of 2008, under Sections 147, 148, 149, 302/34 I.P.C., Police Station Vikas Nagar, District Lucknow. The main role of firing has been attributed to the applicant and in the post mortem report it has been opined that the death has been caused on account of shock and haemorrhage as a result of ante mortem fire arm injuries. The bail is vehemently opposed by the 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, without entering into the merits of the case, I regret in not finding it to be a fit case for granting bail. Hence it is rejected.