Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12978 of 2010 Petitioner :- Ved Pal Respondent :- State Of U.P. Petitioner Counsel :- Ratendu Kumar Singh Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, learned AGA appearing for the State
and perused the record.
It is contended by learned counsel for the applicant that there is allegation of
last seen evidence against the applicant. Co-accused Naresh Singh has been
allowed bail by another Bench of High Court. It is further contended that
alleged recovery of knife has been shown after about about 8 days, which has
been fabricated.
Learned AGA contended that deceased was taken away by the applicant and
co-accused and thereafter his dead body was recovered.
The case is based on circumstantial evidence. Sushil Kumar Sharma has not
disclosed about the last seen evidence prior to 19.11.2009. Recovery of knife
has been shown after about 8 days. Applicant has no criminal history and he is
jail since 24.11.2009.
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 also entitled to be released on bail.
Let the applicant Ved Pal involed in Case Crime No. 435/2009, u/s 302, 201
IPC, P.S. Anoopshahr, District Bulandshahr 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 :- 7.7.2010
Sushma