Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33991 of 2009 Petitioner :- Kalloo @ Kalyan Respondent :- State Of U.P. Petitioner Counsel :- P.N.Gangwar Respondent Counsel :- Govt Advocate Hon'ble Amar Saran,J.
Heard learned counsel for the applicant and learned Additional
Government Advocate.
It is argued by the learned counsel for the applicant that this is a
case of no evidence. Athough rape and murder of a 12 year old girl
is alleged, but no one was named in the FIR, which was lodged on
16.12.2006, wherein it was alleged that the deceased Gayatri had
left her home on 14.12.2006 for making bricks and her dead body
was found at 6.00 P.M. in the field of one Tej Bahadur Gangwar.
It is further argued that belatedly two witnesses Rajesh and Ram
Khelawan have given statements that they saw the applicant
walking around near the said field. The deceased was not said to
be present with the applicant at that time. An unreasonable
explanation for the delayed disclosure was given that the witnesses
were afraid of the Gangwars. There is no other circumstance.
Per contra, learned AGA tried to support the judgement of the
trial court and argued that the allegations in this case are very
grave.
Learned counsel for the applicant replied that when the
allegations are grave, greater cautions are required.
In this view of the matter, without expressing any opinion on the
merits of the case, let the applicant-Kalloo alias Kalyan, involved
in case crime No. 360, 2006, under sections 302/201/376 IPC and
3(2)5 of SC and ST Act, police station Deoriya Kalan, district
Pilibhit, 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 :- 5.1.2010
Ishrat