Posted On by &filed under Allahabad High Court, High Court.


Allahabad High Court
Shailendra And Others vs State Of U. P. on 6 August, 2010
Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1339 of 2010

Petitioner :- Shailendra And Others
Respondent :- State Of U. P.
Petitioner Counsel :- Sharad Kumar Srivastava,I.M.Khan
Respondent Counsel :- Govt Advocate

Hon'ble B.N. Shukla,J.

Counter affidavit has been filed today, it may be taken on record.

Heard learned counsel for the applicants, learned AGA for the State and
perused the record.

It is contended by learned counsel for the applicants that a missing report was
lodged at the police station on 24.8.2009 raising therein that brother of Shri
Krishna @ Dhunner Dixit is missing since 5.8.2009 and on same day the FIR
has been got lodged which is entirely based on information given by Sachhika
niece of the informant Shri Krishna @ Dhunner Dixit but the wife of the
deceased herself had moved an application against her father-in-law and other
family members.

Learned AGA has contended that there is allegation against the accused-
applicants and all was involved in committing murder of the deceased.

The dead body was said to have to have been recovered from the chak of the
applicants which is open place. Case is based on circumstantial evidence. In
the FIR it is mentioned that deceased has gone on 21.8.2009. Wife of the
deceased had made allegation against her father-in-law and other family
members.

Considering the nature of accusation and the severity of punishment in case of
conviction and the nature of supporting evidence, reasonable apprehension of
tampering of the witnesses and prima facie satisfaction of the court in support
of the charge, the applicants are entitled to be released on bail.

Let the applicants Shailendra, Chuttan, Guru @ Vijai Narayan and
Munna @ Dev Narayan involved in case crime no. 327 of 2007, under
Sections 302, 201 IPC, P.S. Bindki, Dist. Fatehpur be released on bail on their
furnishing a personal bond with two sureties each in the like amount to the
satisfaction of the court concerned.

Order Date :- 6.8.2010
Sushma


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