Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18954 of 2010 Petitioner :- Santosh Yadav Respondent :- State Of U.P. Petitioner Counsel :- K.K. Singh Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Supplementary affidavit filed today by learned counsel for the applicant is
taken on record.
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 is
not named in the FIR and his name appeared in the confessional statement of
the co-accused and there is no recovery of any incriminating article from
possession of the applicant.
Learned A.G.A. contended that the applicant was involved in committing the
murder of the deceased and he talked to the deceased on mobile phone.
Case is based on the circumstantial evidence. Applicant is not named in the
FIR and his name appeared in the confessional statement of the co-accused
and there is no recovery of any incriminating article from possession of the
applicant. The applicant has no criminal history and is in jail since 14.6 .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 Santosh Yadav involved in Case Crime No. 543 of 2010
under Sections 302, 120-B IPC Police Station Pipraich , District Gorakhpur
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 :- 23.7.2010
SU.