Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19746 of 2010 Petitioner :- Ajeet Yadav Respondent :- State Of U.P. Petitioner Counsel :- Ashish Kumar Nagvanshi Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Ashish
Kumar Nagvanshi, learned counsel for the applicant, Sri V.K.S. Kushwaha,
learned counsel for the complainant, learned A.G.A. for the State and perused
the record.
Learned counsel for the applicant has contended that the case is based on
circumstantial evidence and as per FIR version the deceased was taken by the
applicant but in statement of the complainant it has come that the deceased
himself had gone at the house of the applicant and thereafter the dead body
was recovered which could not be identified by the complainant and thereafter
he claimed that the dead body was of the deceased and the dead body was
headless and head was recovered later on, on the information given by the
informant. It is further contended that the applicant is real brother in law of
the complainant and he has been falsely implicated in this case because there
was dispute between the applicant and his wife. The applicant is in jail since
28.3.2010.
Learned counsel for the complainant as well as learned A.G.A. have
contended that there was motive on the part of the applicant and thereafter
evidence has been collected that the dead body was of son of the complainant
and head was also recovered and there is chain of circumstances against the
applicant.
Case is based on circumstantial evidence. Headless dead body was recovered
which was not identified by the complainant himself. There is discrepancy in
the FIR and in the statement of complainant about the deceased how he
reached at the house of the applicant.
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 Ajeet Yadav involved in case crime no. 81 of 2010, under
section 342, 504, 506, 363, 302, 201 IPC, P.S. Jamaniya, District Ghazipur 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 :- 29.7.2010
Masarrat