Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17722 of 2010
AND
CRIMINAL MISC. BAIL APPLICATION No. - 4713 of 2010
Petitioner :- Iqbal
Respondent :- State Of U.P.
Petitioner Counsel :- S.M.N. Abbas Abedi,Vivek Kumar Singh
Respondent Counsel :- Govt. Advocate,Ajay Kumar Singh,Sunil Singh
Hon'ble B.N. Shukla,J.
Heard Shri Vivek Kumar Singh and Shri Onkar Singh,
learned counsel for the applicants Shri Sunil Singh, learned
counsel for the complainant and learned A.G.A. appearing
for the State.
It is contended by the learned counsel for the applicants
that except last seen evidence against the applicants there
is no other evidence against them, even postmortem was
conducted on the body as unknown person and applicant
Nafees has been falsely implicated because he is relative of
co-accused Tahmoor. There was no intention or motive on
the part of the applicants to commit the murder of the
deceased.The dead body was recovered in the Jungle.
Learned A.G.A. and learned counsel private counsel for the
complainant contended that there was motive on the part of
the applicants.There is last seen evidence against the
applicants and they were seen in the company of the
deceased.
The statement of witness Iqbal has been recorded after
seven days. Case is based on circumstantial evidence.
Except last seen evidence there is no other evidence against
the applicants to connect them with the murder of the
deceased.Applicant Iqbal is in jail since 16.12.2009 and
Nafees is in jail since 19.12.2009.
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 applicants Iqbal and Nafees involved in Case Crime
No. 652 of 2009, under Sections 302, 201, 147 IPC Police
Station Sardhana District Meerut be released on bail on
their furnishing a personal bond with two sureties each in the
like amount to the satisfaction of the court concerned.
Order Date :- 13.8.2010
Atul kr. sri.