Allahabad High Court High Court

Himanshu @ Bauwa vs State Of U.P. on 29 July, 2010

Allahabad High Court
Himanshu @ Bauwa vs State Of U.P. on 29 July, 2010
Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19753 of 2010
Petitioner :- Himanshu @ Bauwa
Respondent :- State Of U.P.
Petitioner Counsel :- R. K. Pandey,Pawan Kumar Shukla
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
there is last seen evidence against the applicant which has
come in the statement of Munnu Yadav and wife of the
applicant moved an application to the police authorities
concerned on 10.1.2010 that her husband was lifted from
her house and there is every likelihood that he may be
implicated in the false case. it is further contended that at the
time of incident applicant was present in the court in
connection with other case,copy of the order sheet has been
filed with the bail application to this effect. Lastly it is
contended that postmortem on the dead body was
conducted as unidentified dead body.

Learned A.G.A. contended that there is motive on the part of
the applicant and there is last seen evidence against him.

There is last seen evidence against the applicant. Applicant
is in jail since 11.1.2010.

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 Himasshu alias Bauwa involved in Case
Crime No. 8 of 2010 , under Sections 147, 148, 149, 364,
302 IPC Police Station Baberu District Banda 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 :- 29.7.2010
Atul kr. sri.