Posted On by &filed under Allahabad High Court, High Court.


Allahabad High Court
Aliya vs State Of U.P. on 6 August, 2010
Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20726 of 2010

Petitioner :- Aliya
Respondent :- State Of U.P.
Petitioner Counsel :- R.C. Yadav,Ashutosh Dwivedi
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 the
applicant is not named in the FIR and after one month from the date of
occurrence witness Smt. Viresh stated before the Investigating Officer
that the applicant was involved in committing murder of the deceased
and main accused Sinki was not involved.

Learned A.G.A. contended that there is allegation that the applicant
was also involved in committing murder of the deceased.

The applicant is not named in the FIR. His name appeared in the
statement of the witness which was recorded after one month from the
date of occurrence. The applicant has no criminal history and is in jail
since 14.5.2010.

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 Aliya involved in Case Crime No. 250 of 2009, ST
No. 222/2010, under Sections 302, 506 IPC Police Station Tappal ,
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 :- 6.8.2010
SU.


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