Court No. - 35 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15573 of 2010 Petitioner :- Vishambhar Respondent :- State Of U.P. Petitioner Counsel :- Rajul Bhargava Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Chandra,J.
Heard learned counsel for the applicant and learned AGA for the State.
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 amputed 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 tatement 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.
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 accused applicant Vishambhar 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. Accused applicant shall not temper 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 :- 22.6.2010
P