HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15965 of 2010 Petitioner :- Sunil Kumar Pandey @ Sonu Respondent :- State Of U.P. Petitioner Counsel :- Narsingh Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard counsel for the applicant and learned AGA for the State and perused the record.
Learned counsel for the applicant contended that there was no motive of assault to the deceased. The applicant was not armed with any weapon. As per allegation, the applicant assaulted with wooden -rod to the injured. In fact, there was a dispute regarding the land in which the applicant also received injuries. If the prosecution case is admitted, no offence under section 304 IPC is made out, because there was no intention to kill. The applicant is in jail since 24.2.2010, hence, he is entitled for bail.
Learned AGA opposed the aforesaid prayer on the ground that there is specific allegation in the First Information Report that the applicant assaulted with wooden rod. The witness Chandrabhan Mishra and the informant Rajaram Pandey supported the prosecution version. Rajaram Pandey is informant and also injured witness. There is head injury and a fracture of the parietal bone of the deceased, hence the applicant is not entitled for bail. The incident is dated 23.2.2010, the informant and the deceased were examined on the same day. However, the applicant got himself medically examined on 24.2.2011, his injuries are simple in nature.
Considering the facts and circumstances of the case, it is not a fit case for bail.
The application filed in case crime no. 200 of 2010, under section 302/307 IPC, P.S. Itwa, District Sidharthnagar is hereby rejected.
Order Date :- 17.5.2011 Gss