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


Allahabad High Court
Vijendra vs State Of U.P. on 4 August, 2010
Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20339 of 2010

Petitioner :- Vijendra
Respondent :- State Of U.P.
Petitioner Counsel :- Gaurav Kakkar
Respondent Counsel :- Govt. Advocate

Hon'ble B.N. Shukla,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.

Learned counsel for the applicant has contended that except last seen evidence
there is no other evidence to connect the applicant with murder of the
deceased and had there been any intention on the part of the applicant to
commit murder then the applicant and co-accused would not have brought the
injured (now deceased) to admit in the hospital. The applicant is in jail since
12.6.2010.

Learned A.G.A. has contended that there was motive on the part of the
applicant and other co-accused and in the postmortem report 12 ante mortem
injuries have been found and applicant and other co-accused had admitted the
deceased in injured condition.

There is no recovery of any incriminating article from possession of the
applicant. Except last seen evidence there is no other evidence against the
applicant.

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 applicant is entitled to be released on bail.

Let the applicant Vijendra involved in case crime no. 308 of 2010, under
section 304 IPC and 3(2)(V) SC/ST Act, P.S. Dankaur, District Gautam Budh
Nagar 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 :- 4.8.2010
Masarrat


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