- (1.) HEARD the learned counsel for the applicant, the learned AGA for the State and perused the record.
(2.) THE present bail application has been moved by the applicant, Mayanand alias Raja in case crime no.103 of 2011, under Sections 147, 148, 149, 302, 120B IPC, P.S. Barhpura, District Etawah, with a prayer that he may be admitted to bail. Submission of the learned counsel for the applicant is that the first information report was lodged on 29.10.2011 at about 6:30 pm in respect of an incident of the same day occurred at about 5:30 pm, when the applicant along with five other accused persons are said to have intercepted the complainant's motorcycle and dragged his son, Satyaram on account of enmity of election, and on the exhortation of the applicant, the other co-accused persons, Ashok Yadav who is said to have armed with knife, while the co-accused Pankaj, who is said to have armed with axe, had assaulted the deceased, on account of which he died on the spot. Further submission is that, the applicant has been assigned the role of exhortation only, no role of assaulting has been attributed to him. Specific role of assaulting has been attributed to the co- accused Pankaj, who was armed with an axe. The postmortem report also shows that there are lacerated wounds and contusions on the dead body of the deceased. The applicant is in jail since 13.12.2011. In case, he is enlarged on bail, he will not misuse the liberty of bail.
(3.) PER contra, the learned AGA has contended that there is active participation of applicant along with other accused persons in the commission of offence, as they have formed an unlawful assembly with a common object to eliminate the complainant's son on account of election rivalry of village. In case he is enlarged on bail, he will try to intimidate the witnesses. Considering the facts and circumstances of the case, the role of applicant is distinguishable with the role of co-accused Pankaj, who is said to have caused injury with the axe to the deceased. The applicant has made out a case for bail.;