High Courts(2010) 05 AHC CK 0177

Arif vs State of U.P

Allahabad High Court · Decided on 7 May 2010

HON’BLE JUDGES
B.N.Shukla, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous (Second) Bail Application No. 23468 of 2009

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Judgment

8 paragraphs · 212 words

B.N. Shukla, J.

This is second bail application of the applicant. The first bail application was rejected by this court on 22.4.2009.

Heard learned counsel for the applicant and learned A.G.A. appearing for the State.

It is contended by the learned counsel for the applicant that the applicant is in jail for last one year and trial has not still commenced. It is further contended that there is allegation that he inflicted injuries on the deceased by iron rod. At? most the case comes under section 304(2) IPC.

Sri Shashi Dhar Pandey, learned counsel for the complainant and learned AGA contended that no ground is made out for grant of bail to the applicant.

The applicant is in jail since 11.1 .2009. One blow was given by the iron rod.

Considering the nature of the injuries and the period of detention of the applicant in jail, without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Arif involved in Case Crime No. 12 of 2009 under Sections 302 IPC Police Station South Firozabad, District Firozabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.