Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31180 of 2009 Petitioner :- Brahma Nand Respondent :- State Of U.P. Petitioner Counsel :- B.K. Tripathi 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
except this fact that applicant is named in the F.I.R. there is
nothing against him showing his involvement in this
occurrence and even informant and his family members
have moved an application that they are not satisfied with
the investigation and applicant has been falsely implicated in
this case. It is further contended that co-accused Abhishek
Tiwari has been granted bail by this court. There is no
recovery of any incriminating articles from the possession of
the applicant.
Learned A.G.A. contended that applicant is named in the
F.I.R. and there is allegation against him showing his
involvement in this case.
There is no recovery of any incriminating articles from the
possession of the applicant. Applicant has no criminal
history and he is in jail since 18.9.2009.
Considering the facts and circumstances of the case and
submissions made by the learned counsel for the applicant
and without expressing any opinion on the merits of the
case, the applicant is entitled to be released on bail.
Let the applicant Bramha Nand involved in Case Crime No.
1073 of 2009 , under Sections 394, 302/34 IPC Police
Station Ghughuli District Maharajganj 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 :- 3.7.2010
Aks