Court No. 20
Criminal Misc Case No. 708 (B) of 2010
Murli Manohar Shukla Applicant
Vs
State of U.P Opp. Party
Hon'ble Raj Mani Chauhan, J.
Learned counsel for the applicant files rejoinder affidavit, which is taken
on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The accused-applicant Murli Manohar Shukla is involved and detained in
Case Crime No. 50 of 2009, under Sections 302/34, 201 I.P.C. and Sections 3 (1)
of the U.P. Gangsters and Anti Social Activities (Prevention) Act, from Police
Station Itiathok, District Gonda.
The submission of learned counsel for the applicant is that as per version
of the FIR, Kameswari Prasad Shukla (deceased), brother of complainant on
06.02.2009 had left his house informing the complainant that he was going to his
relative in Balrampur. He did not return back thereafter; rather his dead body was
found in the grove of village Gadriyan Purwa on 10.02.2009 at 7.00 P.M. Further
version of the FIR is that the complainant had heard that the deceased was seen
by the witness along with the accused applicant Murli Manohar Shukla and
Munna Kasai. Learned counsel for the applicant submits that the statement of the
complainant was recorded by the Investigating Officer under Section 161 Cr.P.C,
but he in his statement did not name the accused applicant. He further submits
that prosecution case rests on circumstantial evidence. The circumstantial
evidence against the accused applicant is that the deceased was called by the
accused applicant on his mobile phone, but there is no other evidence against the
accused applicant to connect him with the commission of murder of the deceased.
Co-accused Sanjay Singh has already been ordered to be released on bail vide
order dated 15.10.2009, passed by this Court in Crl Misc Case No.6885 (B) of
2009. The evidence against the accused applicant is same as against the co-
accused Sanjay Singh, who has already been ordered to be released on bail.
Therefore, 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.
The prosecution case rests on circumstantial evidence. Keeping in view
the totality of the facts and circumstances of the case as well as the fact that co-
accused Sanjay Singh having similar case as the accused applicant has already
been ordered to be released on bail by this Court, without expressing any opinion
on the merits of the case, accused applicant may be released on bail.
Let applicant Murli Manohar Shukla 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.
09.08.2010
Renu/-