Court No. - 20 Case :- BAIL No. - 6019 of 2010 Petitioner :- Deepu @ Sanjeev Kumar Respondent :- State Of U.P. Petitioner Counsel :- B.K.Srivastava Respondent Counsel :- Govt.Advocate Hon'ble Raj Mani Chauhan,J.
Learned A.G.A. files counter affidavit and learned counsel for the applicant
files rejoinder affidavit, which are taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State as
well as perused the record.
The accused applicant Deepu @ Sanjeev Kumar, S/o Radhey Shyam Mishra,
R/o Village Aamghat, P.S. Neemgaon, District Kheri is involved and detained
in case Crime No. 325 of 2010, under Sections 302, 452, 120-B/34 IPC & 3
(2) (V) SC/ST Act, from P.S. Neemgaon, District Kheri and he has applied for
bail.
The submission of learned counsel for the applicant is that as per version of
the Fist Information Report, the occurrence had taken place at about 2:00
A.M. in the night. Four accused namely Sudhir, Subodh and Dayalu along
with unknown accused were named by the complainant in the First
Information Report. Later on, the wife of the deceased who is said to be eye-
witness of the occurrence and she was sleeping on another cot on the side of
the cot of the deceased stated before the Investigating Officer that accused
Jhallar @ Rajesh Pandey, Gulli @ Rajesh Mishra, Lambu @ Dinesh Mishra
and Deeput Mishra @ Sanjeev Kumar had committed the murder of her
husband at the instance of Hare Ram. The Investigating Officer struck off the
name of the accused mentioned in the First Information Report. The
prosecution story as disclosed by the witness during the investigation
apparently appears to be false. Co-accused Hare Ram Mishra has already been
ordered to be released on bail vide order dated 12.7.2010 passed by another
bench of this Court in Cr. Misc. Case No. 5073 (B) of 2010. Therefore, the
accused applicant also deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considered the submissions of learned counsel for the applicant and learned
A.G.A. for the State. Keeping in view the totality of the facts and
circumstances of the case as well as the fact that the co-accuse Hare Ram
Mishra has already been ordered to be released on bail, without expressing
any opinion on the merit of the case, the accused may be released on bail.
Let the applicant Deepu @ Sanjeev Kumar be released on bail in the aforesaid
case crime number on his furnishing a personal bond of two sureties each in
the like amount to the satisfaction of the court concerned.
Order Date :- 10.8.2010
Santosh/-