Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17782 of 2010 Petitioner :- Chinta Mani @ Nekpal Respondent :- State Of U.P. Petitioner Counsel :- Bhoopendra Nath Singh,Devendra Pratap Singh Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
Learned counsel for the applicant has contended that the applicant was not
named in the FIR and his name appeared in the confessional statement of
witness Anil and there is no recovery of any incriminating article from his
possession. It is further contended that an application was moved to S.P.
Pratapgarh showing apprehension by the villagers that the applicant could
have been falsely implicated due to property dispute. The applicant is in jail
since 2.2.2010.
Learned A.G.A. has contended that there is last seen evidence against the
applicant.
The applicant is not named in the FIR. He has no criminal history.
Considering the nature of accusation and the severity of punishment in case of
conviction and the nature of supporting evidence, reasonable apprehension of
tampering of the witnesses and prima facie satisfaction of the court in support
of the charge, the applicant is entitled to be released on bail.
Let the applicant Chinta Mani alias Nekpal involved in case crime no. 16 of
2010, under section 302, 396, 412, 201 IPC and 3(2)(5) SC/ST Act, P.S.
Khaga, District Fatehpur 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 :- 14.7.2010
Masarrat