Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16952 of 2010 Petitioner :- Vipin Respondent :- State Of U.P. Petitioner Counsel :- M.K. Shukla,A.K. Shukla 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 applicant was not
named in the FIR and thereafter he was arrested by the police in the police
party firing case and then false recovery has been shown. It is further
contended that there is no recovery of any incriminating article from the
possession of the applicant. The applicant is in jail since 2.8.2008.
Learned A.G.A. has contended that co-accused Shera alias Shailendra was
arrested and from his possession looted rifle was recovered and the applicant
was also arrested.
Case is based on circumstantial evidence. There is no recovery of any
incriminating article from possession of the applicant. The applicant was not
named in the FIR.
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 Vipin involved in case crime no. 152 of 2008, under
section 302, 394, 412 IPC, P.S. Sirsaganj, District Firozabad 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 :- 6.7.2010
Masarrat