Court No.20
Criminal Misc. Case No.281(B) of 2010
Manoj Kumar alias Pintu .......Applicant.
Versus
State of U.P. ...Opposite Party.
Hon'ble Raj Mani Chauhan, J.
Heard learned counsel for the applicant, learned A.G.A. for the
State.
The accused-applicant Manoj Kumar alias Pintu is involved in
Case Crime No.220 of 2009, under Sections 147, 364, 302, 201 I.P.C.
from Police Station Chanda, District Sultanpur.
The submission of learned counsel for the applicant is that the
applicant is not named in the first information report. As per
prosecution case as many as five accused, namely, Panna Lal Agrahari,
Akhilesh Agrahari, Rakesh Agrahari, Manoj Kumar and Anant Lal had
taken the deceased to get their work done in lieu of loan taken by him
from them. Later on he was admitted to hospital and thereafter he was
found dead. The name of the accused-applicant came into light during
investigation. The learned counsel for the applicant contends that the
entire prosecution case rests on circumstantial evidence. In this case all
the main accused who were named in the first information report have
already been ordered to be released on bail. The present accused had
no motive to caused the death of the deceased while the motive against
other accused as alleged by the complainant is that they had got dues
against the accused, therefore, the case of present accused stands on
better footing than the co-accused who have already been ordered to be
released on bail. Therefore, the present accused-applicant also deserves
to be released on bail.
Learned A.G.A opposed the bail application.
Considered the submissions of the learned counsel for the
applicant and the learned Additional Government Advocate. Keeping
in view the totality of the facts and circumstances of the case without
expressing any opinion on the merits of the case, applicant may be
released on bail.
Let applicant Manoj Kumar alias Pintu be released on bail in
aforesaid case crime number on his furnishing a personal bond with
two sureties each in the like amount to the satisfaction of the court
concerned.
13.01.2010.
Prajapati/-