High Courts(2009) 05 AHC CK 0417

Kunwar @ Kunwar Lal vs State of U.P.

Allahabad High Court · Decided on 22 May 2009

HON’BLE JUDGES
Alok Kumar Singh, J
RESULT
Allowed

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Judgment

7 paragraphs · 202 words

Alok K. Singh, J.

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

The applicant is involved in Case Crime No.32 of 2009, under Section 307 I.P.C., Police Station Hardi, District Bahraich.

It is submitted on behalf of the applicant that nothing abnormal was detected in the Xray report (Annexure3). The incident is of night outside the Abadi. He has no criminal history to his credit. He is said to be in jail from 12.02.2009.

The bail is however, opposed by learned A.G.A.

The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, 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 aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the discussion made hereinabove, I find it to be a fit case for granting bail. Let the applicant (Kunwar @ Kunwar Lal) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.