Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16559 of 2010 Petitioner :- Rahul Kasyap Respondent :- State Of U.P. Petitioner Counsel :- J.S. Tomar 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 was not named in the FIR and after 14 days of alleged
occurrence the statements of two witnesses namely Sandeep and
Nanhey Lal Kashyap were recorded who had given statement about
last seen. After about one month statement of Hari Om and Suresh Lal
have been recorded who have stated that the applicant made extra
judicial confession before them admitting his involvement in the murder
of the deceased but there was no occasion to make confession and
these witnesses were not person in authority.
Learned A.G.A. contended that there is last seen evidence against the
applicant besides his extra judicial confession before the witnesses.
The case is based on circumstantial evidence. The applicant has no
criminal history and is in jail since 28.3.2010.
Considering the facts and circumstances of the case and submissions
made by the learned counsel for the applicant and without expressing
any opinion on the merits of the case, the applicant is entitled to be
released on bail.
Let the applicant Rahul Kasyap involved in Case Crime No350. of
2010 under Sections 302 IPC & Section 25 Arms Act, Police Station
Subhash Nagar , District Bareilly 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 :- 3.7.2010
SU.