Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21751 of 2010 Petitioner :- Mangal Singh Respondent :- State Of U.P. Petitioner Counsel :- Saurabh Basu 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 case is based on
circumstantial evidence and except this allegation that the deceased had gone
with the applicant along with Rs. 30,000/- there is no other evidence against
the applicant and the FIR has been lodged at P.S. Rauhaniya, District
Varanasi on 7.2.2010. The applicant is in jail since 16.2.2010.
Learned A.G.A. has contended that mobile phone and Mufflar of the deceased
were found near the dead body.
Gone through the statement of husband of village Pradhan whose name is
Dharmraj. The only allegation against the applicant is that the deceased had
gone with the applicant.
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 Mangal Singh involved in case crime no. 101 of 2010, under
section 302, 201 IPC, P.S. Rauhaniya, District Varanasi 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 :- 13.8.2010
Masarrat