Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21473 of 2010 Petitioner :- Gopal Vishwas Respondent :- State Of U.P. Petitioner Counsel :- Anil Mullick 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 is not
named in the FIR and thereafter on the basis of confessional statement the
applicant was arrested by the police and recovery of stone and blood stained
clothes have been shown on the pointing out of the applicant but why the
applicant after committing the alleged offence would keep the blood stained
clothes in his house for such a long time. The applicant is in jail since
4.6.2010.
Learned A.G.A. has contended that there is circumstance against the applicant
and the stone which was used in committing murder of the deceased and
clothes were recovered on the pointing out of the applicant.
The applicant is not named in the FIR. He has no criminal history.
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 Gopal Vishwas involved in case crime no. 272 of 2010,
under section 302 IPC and 3(2) SC/ST Act, P.S. Hastinapur, District Meerut
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 :- 12.8.2010
Masarrat