Citation : 2012 Latest Caselaw 55 ALL
Judgement Date : 9 April, 2012
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8854 of 2012 Petitioner :- Veer Singh Respondent :- State Of U.P. Petitioner Counsel :- Preet Pal Singh Rathore Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submitted that in this case there is circumstantial evidence. Merely on the basis of suspicion the applicant along with the co-accused has been falsely implicated. According to the prosecution case, the deceased Nawab Singh left his house on 23.3.2011 and subsequently his dead body was found on the same day at about 10.00 P.M. The First Information Report was lodged in the morning of 24.3.2011 against the co-accused Bhurey, Tikaram and Gyan Singh. Subsequently the recovery of mobile was shown from co-accused and recovery of papers of motorcycle was shown from the applicant. The prayer for bail of co-accused Khan Sahai alias Munendra has already been allowed. There is no previous criminal history against the applicant. However, he is in jail since 1.4.2011.
Learned counsel for the applicant further submitted that if the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on merit, let the applicant Veer Singh be enlarged on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No.228 of 2011 under section 302, 394, 411 I.P.C. PS. Musajhag, District Budasun with the following conditions:
1) The applicant will not tamper with the evidence.
2) The applicant will not pressurise/intimidate the prosecution witness
3) The applicant will appear before the court concerned on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and to take the applicant into custody.
Order Date :- 9.4.2012
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