Citation : 2012 Latest Caselaw 2218 ALL
Judgement Date : 25 May, 2012
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- BAIL No. - 8805 of 2011 Petitioner :- Yasin Respondent :- State Of U.P. Petitioner Counsel :- Narendra Gupta,Pankaj Tripathi Respondent Counsel :- Govt.Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri A.K. Tiwari, learned counsel for the complainant.
It is contended by learned counsel for the applicant that according to the prosecution version the applicant discharged a shot by rifle towards one Jabir which did not hit the Jabir. It accidentally hit his sister Ayesha. According to the medical examination report the injured has sustained a lacerated wound on the inner surface of right elbow joint. It is having the exit wound on its outer surface. The injury No. 3 is lacerated wound 1.5 x 1.5 cm. muscle deep on the right side on the lower part of the back. According to the X-ray report also there was no fracture of the bone, injury no. 2 was lacerated wound and injury no. 3 was simple in nature. The applicant is in jail since 29.10.2011 and he is not having any 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 Yasin involved in case crime no. 259 of 2011 under Sections 147, 148, 149, 307 I.P.C. and section 30, 25/27 Arms Act, P.S. Mishrikh, District Sitapur 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 :- 25.5.2012
RPD
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