Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19900 of 2010 Petitioner :- Shailendra Singh @ Husiyar Singh Respondent :- State Of U.P. Petitioner Counsel :- S.C.Tiwari Respondent Counsel :- Govt.Advocate 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
there was nothing against the applicant in the missing report,
inquest and in the statement of complainant. It is further
contended that complainant and Sant Singh were punch
witnesses but Sant Singh has not informed this fact that
deceased was seen going with applicant and in the opinion
of the Punches deceased aged about seven years died due
to drowning into the well. It is contended that even in the
statement of the complainant dated 23.12.2009 he has
simply shown suspicion against the applicant and thereafter
Investigating Officer recorded the statement of Sant Singh
who has given last seen evidence against the applicant but
this witness has not disclosed this fact at the time of inquest.
Learned A.G.A. contended that in the postmortem report
strangulation has been found and it was not possible for the
boy aged about seven years to go to the well for taking
water and he has been murdered by the applicant and
thereafter throwing the dead body there.
Only evidence against the applicant is of last seen. Applicant
has no criminal history and he is in jail since 17.5.2010.
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 Shailendra Singh alias Husiyar Singh
involved in Case Crime No. 144 of 2009, under Sections
302, 201 IPC Police Station Arwakatra District Auraiya 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 :- 30.7.2010/Atul kr. sri.