Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16452 of 2010 Petitioner :- Madho Singh @ Gyanendra Singh Respondent :- State Of U.P. Petitioner Counsel :- Manoj Kumar 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 complainant Rajpal gave
an information on 8.4.2010 that he had seen his brother lying on the cot with
injuries but he did not name the accused persons and thereafter he moved an
application to the S.P. and then FIR was got lodged on 15.4.2010 with
allegation against the applicant and other 4 accused persons and complainant
has claimed that he had seen the accused committing murder of the deceased
but entire case has been fabricated. The applicant is in jail since 24.4.2010.
Learned A.G.A. has contended that the applicant is named in the FIR and
there is allegation that he was involved in committing murder of the deceased.
On 8.4.2010 the complainant did not name the accused including the
applicant. FIR has been got lodged on 15.4.2010.
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 Madho Singh alias Gyanendra Singh involved in case crime
no. 105 of 2010, under section 147, 302 IPC, P.S. Amritpur, District
Farrukhabad 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 :- 2.7.2010
Masarrat