HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12519 of 2011 Petitioner :- Phool Singh Respondent :- State Of U.P. Petitioner Counsel :- Rajeev Sisodia,Shashank Kumar Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
It is contended by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. The role of assault was assigned to the applicant and other co accused. Subsequently, case was improved and the role of assault by Fawara was assigned to the co accused Gauri Sahai. The case was further improved and stated that Gauri Sahai assaulted with Fawara from blunt side to Brahma Singh. There are four injuries, out of which three injuries are simple in nature. Who has caused fatal injury is not clear. Apart from that, the applicant is aged about 75 years and a general role of assault by lathi, danda and saria, kicks and fists are assigned. The applicant is in jail since 8.4.2011, hence his case is different from other co accused. There is no criminal history against the applicant.
Learned AGA opposed the aforesaid prayer.
Considering the submissions of learned counsel for the parties, totality of facts and circumstances of the case, without expressing any opinion on the merits of the case, I consider it a fit case for bail.
Let the applicant Phool Singh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned in case crime no. 360 of 2011 under sections 323, 504, 308, 304 IPC, P.S. Gajraula, District J.P. Nagar.
Order Date :- 13.5.2011 Gss