Chandra Prakash Pandey vs State of U.P.

Surendra Singh, J.—ApplicantChandra Prakash Pandey seeks bail in Case Crime No. 812 of 2009 under sections 147, 148 and 302 I.P.C., Police Station Unge, District Sant Ravidas Nagar.

Heard learned Counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

Learned Counsel for the applicant has argued that the applicant is not named in the FIR. His complicity as a participant in the crime is based upon the statement of coaccused, Vijay Kumar before police after his arrest. Except this, there is no other positive and reliable evidence against the applicant. He has further submitted that the applicant, who is in jail since 12.9.2009, having no criminal history to his credit, deserves to be released on bail at this stage. The bail is, however, opposed by the learned A.G.A.

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima fade, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.

Considering totality of circumstances of the case, I consider it a ''fit case to enlarge the applicant on bail.

Without expressing any opinion on the merits of the case, let the applicantChandra Prakash Pandey involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.