Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19606 of 2010 Petitioner :- Jagat Chaubey Respondent :- State U.P. Petitioner Counsel :- Manoj Kumar Chandel 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 FIR is against all the
accused persons and as per FIR there was none to witness the occurrence and
in the statement of the witness it has come that the deceased has informed that
Jagat Chaubey has fired shot at him and thereafter name of the applicant
appeared in statement of the witnesses and witnesses informed the
complainant even then applicant has not been named in the FIR. The
applicant is in jail since 16.2.2010.
Learned A.G.A. has contended that the applicant was involved in committing
murder of the deceased.
Case is based on circumstantial evidence. The applicant is not named in the
FIR.
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 Jagat Chaubey involved in case crime no. 69 of 2010, under
section 302, 120B IPC, P.S. Kotwali, District Mau 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
Masarrat