Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21176 of 2010 Petitioner :- Vidamban Shukla Alias Pramod Kumar Shukla Respondent :- State Of U.P. Petitioner Counsel :- Rajiv Gupta,Anil Kumar Singh,Dileep Kumar,Rajrshi Gupta Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,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
applicant is not named in the F.I.R. Thereafter Investigating
Officer has recorded the statements of witnesses Arvind
Tripathi and Akhliesh Tripathi on 15.5.2009 in which
allegation has been made against the applicant and co-
accused Prem Shanker and co-accused Prem Shanker has
been granted bail by the Sessions Judge and the allegation
against the applicant is that he was sitting as pillion rider on
the motorcycle of Prem Shanker. Applicant was not put for
test identification. There is no recovery of any incriminating
article from the possession of the applicant.
Learned A.G.A. contended that applicant was also involved
in committing the murder of the deceased.
Case is based on circumstantial evidence. Except the
statements of Arvind Tripathi and Akhilesh Tripathi there is
nothing against the applicant. There is no recovery of any
incriminating article from the possession of the applicant.
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 Vidamban Shukla alias Pramod Kumar
Shukla involved in Case Crime No. 292 of 2008 , under
Section 302, 120-B IPC Police Station Soraon District
Allahabad be released on bail on his furnishing a personal
bond with two sureties each in the like amount to the
satisfaction of the court concerned.
Order Date :- 10.8.2010
Atul kr. sri.