Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16910 of 2010 Petitioner :- Mohsin Respondent :- State Of U.P. Petitioner Counsel :- S.M.G. Asghar,V.M. Zaidi Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard Sri V.M. Zaidi, learned Senior Counsel assisted by Sri S.M.G.
Asghar, learned counsel for the applicant, Sri F.N. Dubey, learned counsel for
the complainant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant has contended that co-accused Smt. Kallo
has already been allowed bail and except last seen evidence and confessional
statement there is no evidence against the applicant. The applicant is in jail
since 30.3.2009.
Learned counsel for the complainant has contended that the deceased was
taken away by the accused persons and thereafter dead body has been
recovered in decomposed condition. Learned A.G.A. has also supported the
same fact.
Case is based on circumstantial evidence.
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 Mohsin involved in case crime no. 178 of 2009, under
section 364, 302, 201, 120B IPC, P.S. Lisari Gate, District Meerut 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 :- 6.7.2010
Masarrat