RAJ BUX SINGH 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.380 of 2009, under Section 304 I.P.C., Police Station Pasgawan, District Kheri. As against the complicity of the applicant it is submitted that according to the F.I.R. itself in the Tilak Ceremony some people fired in joy but accidentally one fire struck the deceased on his head due to which he died. Subsequently in the statement of the complainant it was told that the particular fire was made to express happiness by the applicant who happens to be a Village Pradhan of neighbouring village and was one of the invitees. It is submitted that there was no pre-meditation or any motive as would be apparent from the F.I.R. itself as also from the statements of the witnesses including the complainant. Otherwise also it is said that being village pradhan he is a responsible person and there is no possibility of his absconding if he is enlarged on bail. He is said to be in jail from 27.02.2009 i.e. for the last more than two months. There is no criminal history against him as has been conceded by the learned A.G.A. on the basis of instruction received by 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 it was neither any intention nor any motive and nor any pre- meditation and the applicant is holding a responsible post, I find it to be a fit case for granting bail. Let the applicant (Raj Bux Singh) 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.