Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11115 of 2010 Petitioner :- Bablu Respondent :- State Of Up Petitioner Counsel :- Gaurav Kakkar Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
Learned counsel for the applicant has contended that there is last seen
evidence against the applicant and except this there is no direct evidence. The
witness has given statement after 2 months from the date of alleged
occurrence. Mukhtar Ahmad is real brother of the complainant even then he
did not inform the complainant about kidnapping of the deceased. The
applicant is in jail since19.1.2010.
Learned A.G.A. has contended that beside two witnesses Mukhtar Ahmad
and Abdul Raheem the I.O. has recorded statement of two witnesses and it has
come that the applicant had love affairs with the deceased and they have also
given statement about last seen.
Statement of Mukhtar Ahmad who is real brother of the complainant has been
recorded after about 2 months. He did not inform the complainant and kept
mum for about 2 months. Except last seen evidence there is nothing against
the applicant. The applicant has no criminal history. Even the FIR has been
got lodged after about 12 days from the date of alleged occurrence.
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 Bablu involved in case crime no. 1136 of 2009, under
section 147, 363, 366, 302, 201/34 IPC, P.S. Sherkot, District Bijnor 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 :- 10.5.2010
Masarrat