Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20204 of 2010 Petitioner :- Mohan Respondent :- State Of U.P. Petitioner Counsel :- V.S. Parmar Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, Sri RK Gupta, learned
counsel for the complainant and learned A.G.A. appearing for the
State.
It is contended by the learned counsel for the applicant that the
applicant is not in the FIR and thereafter allegation has been made
against Nirdosh and two other co-accused and Police arrested
them.There is no recovery of any incriminating article from possession
of the applicant. The only evidence against the applicant is statement
of witness Ravindra who stated that applicant and two other were
coming out of Khandahar hurriedly and except this there is nothing
against the applicant to connect with the murder of the deceased.
Learned counsel for the complainant contended that the applicant was
involved in committing the murder of the deceased and there is last
seen evidence against him. He along with other co-accused attempted
to rape the deceased and committed murder.
Learned A.G.A. supported the arguments of the learned counsel for
the complainant.
Call details of Nirdosh co-accused were taken. There is recovery of
mobile from possession of co-accused. The applicant has no criminal
history and is in jail since 15.4.2010. Distinguishing the case of the
applicant to other co-accused Nirdosh and Ghanpat, the applicant is
entitled to be released on bail.
Considering the nature of accusation and the severity of punishment in
case of conviction and the nature of supporting evidence, reasonable
apprehension of tempering 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 Mohan involved in Case Crime No. 363 of 2010
under Sections 302, 201, 376, 511, 404 IPC Police Station Jariya,
District Hamirpur 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 :- 3.8.2010
SU.