Mahendra Singh vs State Of. U.P.
2013 Latest Caselaw 320 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 13
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9519 of 2012
 

 
Petitioner :- Mahendra Singh
 
Respondent :- State Of. U.P.
 
Petitioner Counsel :- R.B. Saxena
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Virendra Vikram Singh,J.

Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record.

It has been submitted that the only evidence against the applicant is that he made a call to Laxmi, since deceased and thereafter she left the house along with huge amount of cash and valuable under the false pretext that she is going to Nahra, her parental house. Later on she was found dead after being murdered.

It has next been submitted that the co-accused Gajadhar, who has made extra-judicial confession and from whose possession the looted cash has recovered, has been granted bail by this Court in Criminal Misc. Bail Application No. 32846 of 2011. The applicant is languishing in jail since 17.7.2011.

Learned counsel for the applicant further submitted that if the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate in the early disposal of the case.

Learned AGA opposed the prayer for bail.

Nothing could be disclosed to show as to  what was the compulsion of the deceased to have obeyed the command of the applicant to carry cash and valuable with her. During investigation no witness has come forth to say that the deceased was last seen in the company of the applicant.

Considering the aforesaid submissions of the learned Counsel for the parties, taking into account the entire facts and circumstances of the case and without expressing any opinion on merit, I am of opinion that it is a fit case for bail.

Let the applicant Mahendra Singh, be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 238 of 2011, under Sections 302, 201 IPC, PS Chhata, district Mathura.

Order Date :- 4.4.2013

Sumaira