RAJESH KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) 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.124 of 2009, under Sections 302, 504, 506 I.P.C. and 7 Criminal Law Amendment Act, Police Station Tahkurganj, District Lucknow. In respect of role attributed to the applicant it is submitted that only role attributed to the applicant is that of exhortation whereas the main role of causing fire arm injury has been assigned to co-accused Yogendra Singh (non-applicant). Therefore the case of the applicant is distinguishable. He is said to be in jail from 15.03.2009. It is claimed in para 10 that there is no criminal history against him and this averment has not been denied by filing any counter affidavit. 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 role attributed to the applicant and the fact that his case is distinguishable, I find it to be a fit case for granting bail. Let the applicant (Rajesh Kumar Mishra) 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.