RAM KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned Additional Government Advocate. Gone through the FIR, injury report of injured persons, counter and rejoinder affidavits exchanged between the parties and other documents annexed hereto. I have also gone through medical examination report annexed along with supplementary affidavit as Annexure SA-3 from which its comes out that Madan Gopal Tiwari has received lacerated wound of 2.8cm x 0.6cm x bone deep over the top of head. The incident is of 23.12.2008. It has been argued by the learned counsel for the applicant that the allegation was levelled by complainant Madan Gopal Tiwari that four persons, including the present applicant, had entered into his house and beaten him due to which he received injury upon his head. It has been further argued that neither role of firing has been assigned to the applicant since nowhere it has come that the applicant has fired on the complainant due to which by passers had received firearm injuries nor there is any whisper in the FIR that the applicant was armed with firearm and the applicant is in jail since 25.12.2008. Considering above aspects of the matter, I find it a fit case for bail. Let applicant-Ram Kumar, accused of Case Crime No. 674 of 2008, under Sections 452, 323 and 307 IPC, police station Laliya, District Balrampur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned.