Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18552 of 2010 Petitioner :- Kanhaiya Respondent :- State Of U.P. Petitioner Counsel :- Dharmendra Singhal Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
Heard Sri Dharmendra Singhal, learned counsel for the applicant, Sri
Akhilesh Srivastava, learned counsel for the complainant, learned A.G.A. for
the State and perused the record.
Learned counsel for the applicant has contended that applicant is not named in
the FIR and except statement of witness Kishan who has stated before the I.O.
that the applicant had made extra judicial confession before him, there is
nothing against the applicant to connect him with murder of the deceased and
there is no recovery of any incriminating article from possession of the
applicant. The applicant is in jail since 12.1.2010.
Learned counsel for the complainant has contended that the applicant had
demand Rs. 1 lakh and he was also involved in the murder of the deceased
and he made extra judicial confession. Learned A.G.A. has also supported the
same fact.
The witness Kishan is not person in authority and there was no occasion on
the part of the applicant to make extra judicial confession before him and he
has no criminal history. Learned A.G.A. stated that there are 3 cases but the
cases are petty nature and triable by the Magistrate Ist class.
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 Kanhaiya involved in case crime no. 915 of 2009, under
section 394, 302/34 IPC, P.S. Delhi Gate, District Aligarh 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 :- 21.7.2010
Masarrat