Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5468 of 2010 Petitioner :- Satraj Singh Respondent :- State Of U.P. Petitioner Counsel :- Randhir Jain,Rameshwar Nath Respondent Counsel :- Govt Advocate,R.K. Verma 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 the
applicant is not named in the FIR and in the statement of Satyaveer
who is son in law of the deceased, which was recorded after 4 days of
alleged occurrence, stated that he saw the applicant near the dead
body and there was no light and his statement was recorded after
much delay. It is further contended that there is no other evidence to
connect the applicant to the murder of the deceased.
Learned A.G.A. contended that Satyaveer has given statement that he
saw the applicant near the dead body of the deceased.
In the post mortem report time of death is half day old. Except the
statement of Satyaveer, which was recorded after 4 days from the date
of alleged occurrence, there is nothing to connect the applicant to the
murder of the deceased. The applicant has no criminal history and is in
jail since 31.7 .2009.
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, the applicant is
entitled to be released on bail.
Let the applicant Satraj Singh involved in Case Crime No. 238 of 2009
under Sections 302 IPC Police Station Asmoli, District Moradabad 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 :- 2.8.2010
SU.