HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- BAIL No. - 7283 of 2011 Petitioner :- Manoj Kumar Upadhyay Respondent :- State Of U.P. Petitioner Counsel :- Ashok Kumar Srivastava Respondent Counsel :- Govt.Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
It is contended by learned counsel for the applicant that applicant and two other co-accused persons are named in the FIR. Two persons were unknown miscreants. It is alleged that all the persons discharged the shots causing the injuries to Safiq Ahmad. But according to medical examination report the injured Safiq Ahmad had sustained five injuries which were caused by hard and blunt object. All the injuries were simple in nature, no abnormality was detected in the X-ray report and no internal damage was found. The applicant is in jail since 29.7.2011. The applicant is having no criminal antecedent.
In view of the facts, circumstances of the case, submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Manoj Kumar Upadhyay involved in case crime no. 222 of 2011 under Sections 147, 148, 149, 307, 323, 504, 506 I.P.C., P.S. Kotwali Nagar, District Pratapgarh be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned with the conditions:
1.that he will not temper with the evidence and
2.he shall report to the court of C.J.M. concerned in the first week of each month to show his good conduct and behaviour till conclusion of the trial.
Order Date :- 20.10.2011 RPD