Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7605 of 2010 Petitioner :- Kashim Respondent :- State Of U.P. Petitioner Counsel :- J. P. Singh Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Applicant-Kashim seeks bail in Case Crime No. 94/2008, under section 302
IPC, Police Station Kasganj, District Kanshi Ram Nagar.
Heard learned counsel for the applicant as well as learned AGA for the State
and perused the material placed on record.
It is argued by learned counsel for the applicant that the applicant is not
named in the FIR. His complicity as a participant in the crime is based upon
his confessional statement recorded after eight and a half months from the
date of incident on having been arrested in a police encounter case. He further
contends that similarly placed co-accused Tohsheef has been granted bail by
another bench of this Court on 13.10.2009 in criminal misc. bail application
no. 26988 of 2009, the applicant is also deserves to be released on bail at this
stage.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie, satisfaction
regarding proposed evidence and genuineness of the prosecution case were
duly considered.
Considering the totality of circumstances of the case, I consider it a fit case to
enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant-
Kashim involved in aforesaid crime be released on bail on his furnishing a
personal bond and two sureties each in the like amount to the satisfaction of
the court concerned.
Order Date :- 2.4.2010
Imroz