JUDGEMENT
S.C.Agarwal, J. -
(1.) THESE three bail applications have been moved on behalf of applicants Nawab Singh, Babu, Omveer and Kalu involved in case crime No. 118 of 2010 under sections 147, 302 IPC, P.S. Pisawa, District Aligarh. Since these three bail applications pertain to the same crime number, as such they are disposed of by a common order. Heard Sri A.B.L. Gour, senior advocate assisted by Sri Saurabh Gour and Sri Sanjay Mishra, Learned Counsel for the applicant - Nawab Singh, Sri Sanjay Mishra, Learned Counsel for the applicant - Babu and Sri Abhishek Mayank, Learned Counsel on behalf of the applicants - Omveer and Kalu as well as learned A.G.A. for the State.
(2.) LEARNED counsel for the applicants submitted that incident is alleged to have taken place on 4.9.2010 at 9:20 P.M., whereas the FIR was lodged on 6.9.2010 at 10:45 A.M. and no reason for delay has been explained. The only evidence against the applicants is that they had taken the deceased with them in the night of 4.9.2010. The deceased was made to drink liquor and was beaten and thereafter left at the gate of one Subodh. Applicant Babu informed the first informant that his uncle was lying drunk. The victim was taken by the first informant to his house and was provided treatment. He regained consciousness and disclosed that accused persons had beaten him and had borrowed money from him earlier. Learned A.G.A. opposed the prayer for bail. Considering and facts and circumstances of the case and the inordinate delay in lodging the FIR and without expressing any opinion on the merits of the case, I find it to be a fit case for bail. Let the applicants Nawab Singh, Babu, Omveer and Kalu, involved in aforesaid case crime number, be released on bail on each of them executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned and also subject to the following conditions :
(a) The applicants shall attend the court according to the conditions of the bond executed by them; and
(b) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.