Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19735 of 2010 Petitioner :- Naresh @ Kalu Respondent :- State Of U.P. Petitioner Counsel :- V.K.Jaiswal 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 name of the applicant
appeared in the confessional statement of co-accused and the applicant has no
criminal history and he has been falsely implicated in this case. The applicant
is in jail since 12.11.2009.
Learned A.G.A. has contended that the deceased had sold his flat and he
had Rs. 25 lakhs and thereafter he was murdered and the present applicant
from his own share had purchased motorcycle which was recovered from his
possession.
The case is based on circumstantial evidence. Name of the applicant
appeared in the confessional statement of co-accused.
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 Naresh alias Kalu involved in case crime no. 686 of
2009, under section 302, 394, 411 IPC, P.S. Nauchandi, District Meerut 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 :- 29.7.2010
Masarrat