Court No. - 20 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11833 of 2010 Petitioner :- Danveer Respondent :- State Of U.P. Petitioner Counsel :- Amit Kumar Srivastava Respondent Counsel :- Govt Advocate Hon'ble S.C. Agarwal,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on
record.
Heard Sri Amit Kumar Srivastava, learned counsel for the applicant and
learned AGA for the State.
It is submitted by learned counsel for the applicant that nineteen witnesses
were shown in the charge sheet against the applicant. Out of them only three
were witnesses of fact and remaining witnesses were formal in nature. During
trial two witnesses of fact Santosh Kumar ( complainant ) and one another eye
witness Virendra Singh have turned hostile and they did not support the
prosecution case. The third witness namely Anand Kumar is not traceable. An
application was moved by the complainant before trial court on 19.6.2010
praying for discharging the witness namely Anand Kumar on the ground that
he is not traceable and his whereabouts are not known.
It is further submitted that the eye witnesses have not supported the
prosecution case and there is no chance of the applicant being convicted.
Learned AGA opposed the application for bail.
Out of three eye witnesses two have turned hostile and third is not traceable.
Considering all the facts and circumstances of the case, I find it a fit case for
bail.
Let the applicant Danveer involved in case crime no. 1892 of 2008 under
section 302 IPC P.S.Baradari District Bareilly be released on bail on his
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned.
Order Date :- 30.7.2010
Gss