Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21749 of 2010 Petitioner :- Vishan Singh And Others Respondent :- State Of U.P. Petitioner Counsel :- Raj Singh Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard Sri Raj Singh, learned counsel for the applicants, Syed Wajid Ali,
learned counsel for the complainant, learned A.G.A. for the State and perused
the record.
Learned counsel for the applicants has contended that in the postmortem
report cause of death is drowning and there is no ante mortem injury and
except allegation of threatening against the applicants, there is no allegation
against them. It is further contended that the I.O. has submitted final report
against 2 accused namely Smt. Anokhi Devi and Raj Kumar. The applicants
are in jail since 16.5.2010.
Learned counsel for the complainant as well as learned A.G.A. have
contended that the applicants were involved in committing murder of the
deceased.
The case is based on circumstantial evidence. Cause of death is drowning.
FIR has been lodged on 12.5.2010. The date of occurrence is 11.5.2010.
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 applicants are entitled to be released on bail.
Let the applicants Vishan Singh, Manoj Kumar and Prakash Chandra
involved in case crime no. 173 of 2010, under section 147, 506, 302, 201 IPC,
P.S. Tappal, District Aligarh be released on bail on their furnishing a
personal bond with two sureties each in the like amount to the satisfaction of
the court concerned.
Order Date :- 13.8.2010
Masarrat