Ishwardin vs State of U.P.

S.N.H. Zaidi, J.—Counteraffidavit filed by the learned A.G.A. is taken on record.

Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record.

It has been contended that the applicant and four others have been assigned the general role of beating the deceased in the F.I.R. but the complainant is not the eyewitness of the incident and the alleged eyewitness Smt. Phoolmati has not assigned any specified role to the applicant. It is also contended that neither in the report nor in the statement of the witnesses any weapon has been assigned to the applicant and coaccused Manna lal Pasi, Ram lal and Rajeshwari, who are similarly placed with the applicant have been admitted to bail by this Court as well as by the Sessions Court. It is pointed out that applicant is in Jail since 27.2.2009 and he has no criminal history.

Learned A.G.A. has, however, opposed the bail.

The points pertaining to the nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.

In view of the above circumstances and on the ground of parity, the applicant appears entitled for bail.

Let applicant Ishwardin, involved in Case Crime No. 121 of 2009, under sections 147 and 302,1.P.C. Police Station Kakori, District Lucknow, be enlarged on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned.