Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 812 of 2010 Petitioner :- Rakesh Kumar Respondent :- State Of U.P. Petitioner Counsel :- R. B. Gaur Respondent Counsel :- Govt Advocate Hon'ble Amar Saran,J.
Heard learned counsel for the applicant and the learned A.G.A.
It is argued by the learned counsel for the applicant that this is a case of
circumstantial evidence and that on 3.10.2009, a report was given by Sanjay
Trivedi son of the deceased that his mother had disappeared. After seven days
i.e. on 10.10.2009, the statement of one witness Ram Bharosey has been
recorded that he saw the applicant strangulating the deceased but there is no
explanation for belated disclosure of this witness. It is further aruged that
subsequently on 4.10.2009, statement of Ram Murti was recorded that the
applicant was seen near about the place where the dead body was recovered.
He further argued that there is no evidence of recovery etc.
Per contra, learned AGA opposed the prayer for bail and argued that the
applicant had taken some money from the deceased, hence he committed the
murder and the applicant has some criminal history. Learned counsel for the
applicant argued that this was the reason for false implication of the applicant.
Having considered the submissions of the parties and without expressing any
opinion on the merits of the case, let the applicant Rakesh Kumar be released
on bail in case crime No. 388 of 2009, under Section 302 and 201 I.P.C., P.S.
Nigohi, district Shahjahanpur on his executing a personal bond and furnishing
two sureties each in the like amount to the satisfaction of court concerned.
Order Date :- 11.1.2010
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