Allahabad High Court High Court

Ram Sagar vs State Of U.P. on 8 January, 2010

Allahabad High Court
Ram Sagar vs State Of U.P. on 8 January, 2010
                                                           Court No.20
              Criminal Misc. Case No.177(B) of 2010
Ram Sagar                                           .......Applicant.
                             Versus
State of U.P.                                    ...Opposite Party.
Hon'ble Raj Mani Chauhan, J.

Sri Dinesh Kumar Verma, files power on behalf of the
complainant, which is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the
State.

The accused-applicant Ram Sagar is involved in Case Crime
No.895 of 2009, under Sections 147, 148, 149, 302, 120B, 34 I.P.C.,
from Police Station Gola, District Lakhimpur Kheri.

The submission of learned counsel for the applicant is that the
prosecution case rests on circumstantial evidence. The main accused
Vinod, Guddan, Murari and Yashpal who are said to have caused the
death of the deceased have already been ordered to be released on bail
by the learned Sessions Judge, Kheri. The allegation against the
accused applicant is that he has made conspiracy to commit the murder
of the deceased. At the time of occurrence he was sitting at the door of
the house in which the deceased was done to death by all the co-
accused. The case of present-accused applicant is on better footing to
that of co-accused,who have already been ordered to be released on
bail. Therefore, present accused applicant also deserves to be released
on bail.

Learned A.G.A assisted by the learned counsel for the
complainant opposed the bail application.

Considered the submissions of the learned counsel for the
applicant and the learned Additional Government Advocate. The
prosecution case rests on circumstantial evidence. Keeping in view the
totality of facts and circumstances of the case without expressing any
opinion on the merits of the case, applicant may be released on bail.

Let applicant Ram Sagar be released on bail in aforesaid case
crime number on his furnishing a personal bond with two sureties each
in the like amount to the satisfaction of the court concerned.

08.01.2010.

Prajapati/-