Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1424 of 2010 Petitioner :- Sompal Respondent :- State Of U.P. Petitioner Counsel :- Lav Srivastava Respondent Counsel :- Govt Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the
State and perused the record.
Prayer for bail has been made on behalf of accused applicant
Sompal in Case Crime No.1705 of 2009, under Sections-302, 201
IPC, P.S.-Adampur, District-J.P. Nagar.
As per prosecution story accused applicant and co-accused
Lalaram had taken away the deceased with them on 18.10.2009 at
about 7:30 p.m. when he was returning back from flour grinding
machine. The deceased did not return back his house. On the next
date his dead body was found at about 1:00 p.m. in a ‘Bazara’ field.
During the investigation the accused applicant made extra judicial
confession before the witnesses regarding his participation in this
crime and on the basis of that evidence he has been implicated in
this case.
It is submitted on behalf of accused applicant that it is only a case
of circumstantial evidence in which the connecting link is missing.
At the most and it is a case of last seen evidence. It is further
submitted that extra judicial confession made by the applicant
before the witnesses is not reliable and co-accused has already
been granted bail by this Court earlier.
Considering the facts and circumstances of the case and nature of
the evidence collected by the I.O., without expressing any opinion
on the merits of the case, the applicant is entitled to be released on
bail.
Let the applicant Sompal involved in Case Crime No.1705 of
2009, under Sections-302, 201 IPC, P.S.-Adampur, District-J.P.
Nagar 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.
Order Date :- 19.1.2010
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