Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13571 of 2010 Petitioner :- Kunwar Pal Respondent :- State Of U.P. Petitioner Counsel :- Ram Babu Sharma Respondent Counsel :- Govt Advocate Hon'ble Rajesh Dayal Khare, J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the
State.
It is contended by the learned counsel for the applicant that the applicant is
not named in the FIR and his name appeared in the confessional statement of
the co-accused. There is no recovery of any incriminating article. No role of
committing murder has been assigned to the applicant.
Learned A.G.A. supported the arguments of the learned counsel for the
complainant.
The applicant is not named in the FIR and his name appeared in the
confessional statement of the co-accused. There is no recovery of any
incriminating article from possession of the applicant. The applicant in jail
since 15.3.2010.
Learned counsel for the applicant has submitted that co-accused Kunwar Pal
Singh who is identically placed as applicant has been granted bail by another
Bench of this Court vide order dated 21.5.2010 in Criminal Misc. Application
No.12946 of 2010, photo-copy of which has been produced before this Court,
which is being taken on record.
Considering the facts and circumstances of the case and submissions made by
the learned counsel for the applicant and without expressing any opinion on
the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Kunwar Pal involved in Case Crime No.120 of 2010, under
Sections 147, 148, 149, 307/34, 302, 120-B IPC Police Station Rajpura ,
District Budaun be released on bail on his furnishing a personal bond with
two heavy local sureties each in the like amount to the satisfaction of the court
concerned, subject to the following conditions:
1. The applicant shall not tamper the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on each and every date fixed by the trial court.
In case of any default of any of the conditions enumerated above, the bail
granted to the applicant shall automatically be cancelled.
Order Date :- 15.6.2010
Hasnain