Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17761 of 2010 Petitioner :- Lakhpal And Another Respondent :- State Of U.P. Petitioner Counsel :- S.S. Tripathi,A.P. Tewari Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and
perused the record.
Learned counsel for the applicants has contended that co-accused has been
allowed bail and there is allegation against the applicants that the applicants
along with other 3 accused persons were seen dragging and taking away the
deceased Nandpal but on 28.11.2009 brother of the deceased has given
information regarding the dead body and he did not mention about the
dragging and taking away the deceased by the applicants and other co-
accused. The applicants are in jail since 19.1.2010.
Learned A.G.A. has contended that there is allegation against the applicants
that they along with other co-accused had taken away the deceased by
dragging.
No information was given by the brother of the deceased against the
applicant on 28.11.2009.
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 applicants are entitled to be released on bail.
Let the applicants Lakhpat and Veerpal involved in case crime no. 1817 of
2009, under section 302 IPC, P.S. Ujhani, District Budaun 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 :- 14.7.2010
Masarrat