Court No. - 33 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16100 of 2010 Petitioner :- Hemant Respondent :- State Of U.P. Petitioner Counsel :- A.K. Verma,S.R. Verma Respondent Counsel :- Govt. Advocate Hon'ble S.C. Agarwal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
It has been contended by the learned counsel for the applicant that the
applicant was not named in the F.I.R. nor in the statement of eyewitness
recorded under section 161 Cr.P.C. It was contended that the name of the
applicant came to light in the statement of a chance witness Mange Lal
Yadav, who stated that on 19.11.2009, he had gone to the Civil Court,
Mathura. At about 1:00 p.m. under trial prisoners Krishan Kumar alias Kirti
and Hemant were talking to one another, which revealed that their conspiracy
to kill Sunil alias Bobby failed and unfortunately another person Rajeev was
killed and their money had gone waste. The aforesaid talk is alleged to have
been heard by Mange Lal after 3 days of the incident, but his statement under
section 161 Cr.P.C. was recorded by the investigating officer after about three
months on 12.2.2010 and no explanation has been furnished as to why this
witness kept mum for sufficiently long period.
The allegation against the applicant is of criminal conspiracy only. He was
in jail at the time of incident. The statement of Mange Lal was recorded after
a delay of about three months.
Considering all the facts and circumstances of the case and without
expressing any opinion on the merits of the case, I find it to be a fit case for
bail.
Let applicant Hemant involved in case crime no.429 of 2009 under
Sections 147, 148, 149, 307, 302, 120-B I.P.C. pertaining to Police Station
Jamunapar, District Mathura 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 :- 28.6.2010
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