Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5836 of 2010 Petitioner :- Guddu Respondent :- State Of U.P. Petitioner Counsel :- R. K. Shahi Respondent Counsel :- Govt.Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
It is contended by learned counsel for the applicant that after arrest of co-
accused Ram Pratap Pandey about 10 days name of the applicant appeared in
his confessional statement. No test identification proceeding was conducted in
support of alleged recovered articles. It is further contended that co-accused
Ram Pratap Pandey and Ram Kripal Yadav have been allowed bail by this
Court.
Learned AGA has contended that the allegation against the applicant is that
looted articles were recovered from the possession of the applicant.
Test identification proceeding was not conducted in support of alleged
recovered articles. Name of the applicant appeared in confessional statement
of co-accused Ram Pratap Pandey who has been allowed bail by this court.
Applicant is in jail since 30.9.2009.
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 Guddu involved in case crime no. 418 of 2009, under
Sections 396, 412 IPC, P.S. Gauri Bazar, Dist. Deoria 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 :- 26.7.2010
Sushma