Allahabad High Court High Court

Mahesh vs State Of U.P. on 5 August, 2010

Allahabad High Court
Mahesh vs State Of U.P. on 5 August, 2010
Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20566 of 2010

Petitioner :- Mahesh
Respondent :- State Of U.P.
Petitioner Counsel :- Akhilesh Srivastava
Respondent Counsel :- Govt. Advocate

Hon'ble B.N. Shukla,J.

Heard learned counsel for the applicant and learned A.G.A.
appearing for the State.

It is contended by the learned counsel for the applicant that the
applicant is not named in the FIR and after two days of occurrence the
statement of witness Bhupendra wherein allegation have been made
that co-accused Monu was tying neck of the deceased and Sanjay
was tying her legs and applicant was standing there. It is further
contended that the applicant was not involved in committing murder of
the deceased.

Learned A.G.A. contended that the hairs of accused persons were
found in the palm of the deceased.

Considering the role of the applicant and distinguishing his case to
other co-accused Monu and Sanjay against whom specific allegations
have been made, the applicant is entitled to be released on bail.

Let the applicant Mahesh involved in Case Crime No. 36 of 2010
under Sections 302 IPC Police Station Barla , District Aligarh 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 :- 5.8.2010
SU.