Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1883 of 2010 Petitioner :- Brahamchari Respondent :- State Of U.P. Petitioner Counsel :- S. S. Tripathi,A. P. Tewari Respondent Counsel :- Govt Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It has been contended by learned counsel for the applicant that nobody has
been named in the report of the incident and the name of the applicant has
come into light in the statement of co-accused Rupendra, who was
apprehended by the Police on 10.02.2009, i.e. after about 10 days of the
incident. It has also been contended that co-accused Nanhey, Dharam Das and
Hirendra whose cases are identical with the applicant, have already been
granted bail by this Court (Annexure 5).
Learned A.G.A. has, however, contended that at the time of incident, a
buffalo was also stolen which was being carried away on 01.02.2009 and
when it was intercepted then the persons who were carrying the buffalo had
succeeded to run away and the applicant was also amongst them and as much
as his name has come into light on 01.02.2009.
Looking to the above circumstances and without expressing any opinion
about the merits of the case, the applicant appears entitled for bail. The prayer
for bail is, accordingly allowed.
Let applicant Brahamchari involved in Case Crime No. 78 of 2009, registered
under sections 148, 460, 411, 302 I.P.C. read with Section 149 I.P.C. and 3(2)
(5) SC/ST Act. Police Station-Bisauli, District-Budaun, be released on bail on
his executing a personal bond and furnishing two sureties each in the like
amount to the satisfaction of the court concerned.
Order Date :- 25.1.2010
F.H.