Court No. 20
Criminal Misc Case No. 5988 (B) of 2010
Brijendra Kumar Tiwari @ Bablu Tiwari Applicant
Vs
The State of U.P Opp. Party
Hon'ble Raj Mani Chauhan, J.
Learned A.G.A. files counter affidavit, which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The accused-applicant Brijendra Kumar Tiwari @ Bablu Tiwari is
involved and detained in Case Crime No. 22 of 2010, under Sections 364, 302,
201 I.P.C., from Police Station Maheshganj, District Pratapgarh.
The submission of learned counsel for the applicant is that the accused
applicant is not named in the FIR. As per version of the FIR, accused Guddu
Sonar, Tripurari and Brijesh Kumar Shukla had taken the deceased with them on
22.01.2010. The dead body of the deceased was found in Sharda Canal on
29.01.2010. For the first time, the name of accused applicant came into light in
the statement of Shyam Narayan Tiwali who was examined by the Investigating
Officer. He stated that four persons, namely, Guddu Sonar, Tripurai, Brijesh
Kumar Shukla and Brijendra Kumar Tiwari @ Bablu Tiwari (accused applicant)
had gone to the house of deceased and had taken him with them. One person,
namely, Brijendra Kumar Tiwari @ Bablu Tiwari (accused applicant) was
standing at some distance from the house of deceased. No motive has specifically
been assigned to accused applicant as to why he had abducted the deceased.
Learned counsel for the accused applicant submits that the prosecution case rests
on circumstantial evidence. The chain of circumstantial evidence is not complete
to show the involvement of the accused applicant in the alleged incident. He,
therefore, deserves to be released on bail.
Learned A.G.A. opposed the bail application and argued that the deceased
had last been seen in the company of accused applicant. Thereafter, his dead body
was found in the Sharda Canal. The chain of circumstantial evidence is complete
to show the involvement of accused applicant in commission of murder of the
deceased. Therefore, accused applicant does not deserve to be released on bail.
Considered the submissions of the learned counsel for the applicant and
the learned Additional Government Advocate. The prosecution case rests on
circumstantial evidence. Keeping in view the totality of the facts and
circumstances of the case, without expressing any opinion on the merits of the
case, accused applicant may be released on bail.
Let applicant Brijendra Kumar Tiwari @ Bablu Tiwari be released on bail
in aforesaid case crime number on his furnishing a personal bond with two
sureties each in the like amount to the satisfaction of the court concerned.
10.08.2010
Renu/-