Court No. - 33 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16049 of 2010 Petitioner :- Tula Ram Respondent :- State Of U.P. Petitioner Counsel :- Rajul Bhargava Respondent Counsel :- Govt. Advocate Hon'ble S.C. Agarwal,J.
Heard Sri Bhagwati Prasad Singh, holding brief of Sri Rajul Bhargava,
learned counsel for the applicant, learned AGA for the State and perused the
record.
It is alleged that Mayank Kumar alias Manku aged about 3 years went
missing on 15.2.2009 regarding which an information was given at P.S. Raya.
During investigation the case was converted to Section 364 IPC on 6.3.2009.
According to the prosecution, one Sri Ram was interrogated by the police and
at that time he disclosed that accused Kare Lallu alias Laxman amputated the
body of Mayank Kumar alias Manku and buried the same in a room of his
house. At that time the accused applicant and others were also present. After
this statement of Sri Ram, complainant Ramveer Singh submitted another
written report to S.H.O., P.S. Raya, District Mathura in which what was
disclosed by Sri Ram was narrated.
Learned counsel for the applicant argued that the applicant is not named in
the FIR and the statement of Sri Ram was recorded about one year after the
incident of child missing. Sri Ram is also accused in this case and as such the
only evidence against the accused applicant is the statement of co-accused.
Moreover, the recovery of skeleton of child was made from the house of Kare
Lallu.
Co-accused Vishambhar has already been released on bail by another
Bench of this Court vide order dated 22.6.2010 passed in criminal misc. bail
application no.15573 of 2010.
I considered over the facts and circumstances of the case and I feel that
from the facts narrated above, a case for bail is made out.
Let applicant Tula Ram be released on bail in case crime No.116 of 2009
under Sections 364, 201, 302 IPC of P.S. Raya, District Mathura on his
executing a personal bond and furnishing two sureties each in the like amount
to the satisfaction of the Court concerned on the following conditions that the:
1. Applicant shall not tamper with the witnesses.
2. He will not commit any crime of similar nature.
3. He will cooperate in the investigation.
If any of the conditions are violated, the lower court shall report the matter
to this Court so that the action may be taken for the cancellation of the bail.
Order Date :- 28.6.2010
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