FERAN YADAV Vs. STATE OF U P

JUDGEMENT

(1.) APPEARANCE has been put in by Sri Avinash Singh, Advocate on behalf of the complainant but his vakalatnama is not on record. Counter 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.34 of 2009, under Section 302 I.P.C., Police Station Kotwali Bhinga, District Shrawasti. As against the complicity of the applicant and proposed evidence it is submitted that he has been assigned with the role of exhortation and catching hold only therefore his case is distinguishable. It is also said that the age of the applicant is 70 years as averred in para 7 which has not been controverted rather in the relevant paragraph of the counter affidavit, it is said that this averment does not require any comments. He is said to be in jail from 18.01.2009. It is claimed in para 10 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 the case of the applicant is distinguishable and also the old age and infirmity, I find it to be a fit case for granting bail. Let the applicant (Feran Yadav) 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.