Court No. - 20 Case :- BAIL No. - 4740 of 2010 Petitioner :- Ram Raj Respondent :- State Of U.P. Petitioner Counsel :- Srees Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Raj Mani Chauhan,J.
Heard learned counsel for the applicant and learned A.G.A. for the
State as well as perused the record.
The accused Ram Raj, S/o Ajay Pal Yadava, R/o Sher Ali Khera,
P.S. Kotwali, District Unnao is involved and detained in case
crime no. 533 of 2010 under Sections 302/201 IPC, from P.S.
Kotwali, District Unnao and he has applied for bail.
The submission of learned counsel for the applicant is that the
prosecution case rests on circumstantial evidence. Co-accused
Ajay Pal Yadava and Yogendra Yadava whose case is identical to
the case of present accused have already been ordered to be
released on bail by the order of learned Sessions Judge. No
incriminating article was recovered from the possession of the
accused by the Investigating Officer during the course of
investigation. The accused, therefore, also deserves to be released
on bail.
Learned A.G.A. although opposed the bail application but fairly
accepts that the case of co-accused who have already been ordered
to be released on bail is identical to the case of present accused.
Considered the submissions of learned counsel for the applicant
and learned A.G.A. for the State. 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 the co-accused
whose case is identical to the case of present accused have already
been ordered to be released on bail, therefore, without expressing
any opinion on the merit of the case the present accused may also
be released on bail.
Let the applicant Ram Raj be released on bail in the aforesaid case
crime number on his furnishing a personal bond of two sureties
each in the like amount to the satisfaction of the court concerned.
Order Date :- 24.6.2010
Santosh/-