Allahabad High Court High Court

Rajpal vs State Of U.P. on 21 July, 2010

Allahabad High Court
Rajpal vs State Of U.P. on 21 July, 2010
Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18669 of 2010

Petitioner :- Rajpal
Respondent :- State Of U.P.
Petitioner Counsel :- Satyendra Narayan Singh,Jagdish Prasad Mishra
Respondent Counsel :- Govt Advocate

Hon'ble B.N. Shukla,J.

Heard learned counsel for the applicant and learned A.G.A.
appearing for the State.

It is contended by the learned counsel for the applicant that
case is based on circumstantial evidence. Except last seen
evidence there is no other evidence against the applicant
and recovery of knife has been fabricated after three days. .

Learned A.G.A. contended that applicant is brother-in-law of
the wife of the deceased and applicant has illicit relationship
with the wife of the deceased and this was the reason the
deceased was murdered.

Case is based on circumstantial evidence. Except last seen
evidence against the applicant there is noting against him.
Recovery of knife has been shown after three days of the
alleged incident. Applicant has no criminal history and he is
in jail since 25.1.2010.

Considering the facts and circumstances of the case and
submissions made by the learned counsel for the applicant
and without expressing any opinion on the merits of the
case, the applicant is entitled to be released on bail.

Let the applicant Rajpal involved in Case Crime No. 45 of
2010, under Sections 302, 120-B IPC Police Station Titabi
District Muzaffar Nagar 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
Atul kr. sri.