VIJAI BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER and rejoinder affidavits filed today are 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.347 of 2008, under Sections 147, 148, 149, 307, 302, 506 I.P.C. and 7 Criminal Law Amendment Act & 2/3 U.P. U.P. Gangster anti social Activities (Prevention) Act, Police Station Bhadokhar, District Rae Bareli. It is submitted that there cross cases/versions and co-accused Sunny alias Girish Chandra, Shyam Lal Yadav and Roshan Lal Yadav, Ram Het and Ram Chandra, Nand Lal alias Krishna Kumar Yadav have already been enlarged on bail after considering the fact that there are cross cases versions/reports and the prosecution has failed to explain the injuries sustained by the side of the applicant. It is said that apparently the prosecution has suppressed the genesis of the occurrence. The applicant is in jail from

(2.) 04.2008. There is only one case under Sections 294, 506 I.P.C. he is on bail. Besides that there is no other 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 ground of parity, I find it to be a fit case for granting bail. Let the applicant (Vijai Bahadur) 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.