Neeraj vs State Of. U.P.
2013 Latest Caselaw 372 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 13
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10240 of 2012
 

 
Petitioner :- Neeraj
 
Respondent :- State Of. U.P.
 
Petitioner Counsel :- M.P.S. Chauhan,Manoj Kumar Srivastava
 
Respondent Counsel :- Govt. Advocate,R.K.Dubey
 

 
Hon'ble Virendra Vikram Singh,J.

Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record.

It has been submitted that the applicant and the co-accused Sonu have been assigned the role of catching hold the deceased, while the other co-accused Prem Pal fired the fatal shot.

It has next been argued that the applicant falsely been implicated. The applicant is facing detention since 8.11.2011.

Learned counsel for the applicant further submitted that if the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate in the early disposal of the case.

Learned AGA and Shri Rajesh Kumar Dubey, learned counsel for the applicant opposed the prayer for bail and argued that co-accused Sonu having the similar case has been refused bail by this Court on 29.2.2012 in Criminal Misc. Bail Application No. 4838 of 2012.

Considering the fact that the applicant has been assigned the role of catching hold the deceased and no positive act of causing fatal injuries has been attributed to him and  also considering the prolong detention of the applicant, I am of opinion that it is a fit case for bail.

Let the applicant Neeraj, be enlarged 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. 165 of 2011, under Section 302 IPC, PS Madrak, district Aligarh.

Order Date :- 4.4.2013

Sumaira