Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20730 of 2010 Petitioner :- Ram Kumar @ Ramanand Baba Respondent :- State Of U.P. Petitioner Counsel :- Hemendra Pratap Singh 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 there
was no motive on the part of the applicant and motive has been
attributed to other co-accused with whom there was land dispute. The
FIR was lodged after inquest and post mortem of the dead body. It is
further contended that the applicant is Baba and has no concern with
other co-accused.
Learned A.G.A. contended that the applicant was involved in
committing the murder of the deceased by inflicting injuries by knife
and bottle.
Perused the post mortem report. No motive has been assigned to the
applicant. The applicant has no criminal history and is in jail since
13.4.2010.
Considering the nature of accusation and the severity of punishment
in case of conviction and the nature of supporting evidence,
reasonable apprehension of tempering of the witnesses and prima
facie satisfaction of the Court in support of the charge, distinguishing
the case of the applicant to other co-accused, who had motive to
commit the murder, the applicant is entitled to be released on bail.
Let the applicant Ram Kumar @ Ramanand Baba involved in
Case Crime No. 310 of 2010 under Sections 147, 148, 302 IPC
Police Station Banna Devi, District Aligarh 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 :- 6.8.2010
SU.