Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16653 of 2010 Petitioner :- Biresh @ Binesh Respondent :- State Of U.P. Petitioner Counsel :- Santosh Shukla 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 the applicant was not
named in the FIR and no charge-sheet was filed against him and thereafter
investigation started again and then name of the applicant appeared and
charge-sheet was filed against him along with other 2 accused persons and the
accused who were already charge-sheeted earlier were exonerated by the I.O.
It is further contended that co-accused Girish Chandra and Raju have already
been allowed bail and the case of the applicant stands on same footing. The
applicant is in jail since 12.12.2009.
Learned A.G.A. has contended that the applicant was also involved in
committing murder of the deceased.
Co-accused have been allowed bail.
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 Biresh alias Binesh involved in case crime no. 186 of 2008,
under section 147, 148, 149, 302, 201, 120B, 420, 467, 471 IPC, P.S.
Bharthana, District Etawah 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 :- 5.7.2010
Masarrat