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2015 DIGILAW 2144 (ALL)

Chandan Yadav @ Samosa Yadav v. State of U. P.

2015-07-28

ARVIND KUMAR MISHRA I

body2015
JUDGMENT Arvind Kumar Mishra-I, J. Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record. 2. Contention raised on behalf of the applicant has been confined to the extent that there is cross case between the applicant side and the informant side relating to the same incident at the same time. Both the sides have sustained injuries. It cannot be said as to who was in fact the aggressor and took initiative which resulted in cross case. The applicant claims that the first information report lodged by the applicant himself against the first informant side has been registered at Case Crime No.547 of 2015 at Police Station Maniyar, District Ballia. The first information report against the applicant has been registered at Case Crime No.546 of 2015 at the same police station. In both the first information reports, the time of the occurrence is 2: 00 p.m. The veracity of the prosecution story has been denied. No injury was caused. In fact the applicant was attacked by the first informant side and he only acted in self-defence. The applicant does not bear any criminal history to his credit and is languishing in jail since 03.06.2015 in the present case. 3. Learned AGA has opposed prayer for bail by submitting that four persons have sustained injuries on the side of the first informant though he has not disputed the cross case and the injuries sustained by the applicant side. 4. Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed. 5. Let the applicant Chandan Yadav @ Samosa Yadav involved in Case Crime No.546 of 2015, under Sections 308, 323, 504, 506 I.P.C., Police Station Manjar, District Ballia be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.