Allahabad High Court
Netrapal Singh @ Mitrapal Singh vs State Of U.P. on 9 August, 2010
Author: Raj Mani Chauhan
Bench: Raj Mani Chauhan
Court No. 20
Criminal Misc Case No. 5954 (B) of 2010
Netrapal Singh alias Mitralpal Singh Applicant
Vs
State of U.P Opp. Party
Hon'ble Raj Mani Chauhan, J.
Heard learned counsel for the applicant and learned A.G.A. for the State. The accused-applicant Netrapal Singh alias Mitralpal Singh is involved and detained in Case Crime No. 94 of 2010, under Sections 147, 148, 149, 302, 419, 420, 467, 468, 471, 211, 120-B I.P.C., from Police Station Lonar, District Hardoi.
The submission of learned counsel for the applicant is that on the written report of complainant Sarvesh Singh (who later on made an accused in this case), the police of Police Station Lonar, District Hardoi registered a case under Section 302 I.P.C. against the accused Sudhir Singh, Umesh Singh and Sadhu of Sudhir Singh. During the course of investigation, new facts surfaced that the complainant along with others had committed murder of the deceased and before the commission of murder they had hatched conspiracy with Netrapal Singh @ Mitrapal Singh (accused applicant), father of the complainant.
Learned counsel for the applicant submits that allegation against the accused applicant is that he had entered into conspiracy with other accused to eliminate the deceased. The present accused applicant and accused Sarvesh Singh as well as other accused are said to have made extra judicial confession before one Suresh Singh. The prosecution case rests on circumstantial evidence. The circumstantial evidence collected by the Investigating Officer does not form complete chain to show the involvement of accused applicant in the alleged offence. Therefore, accused applicant deserves to be released on bail.
Learned A.G.A opposed the bail application.
Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate. The prosecution case rests on circumstantial evidence. Keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, accused applicant may be released on bail.
Let applicant Netrapal Singh alias Mitrapal Singh be released on bail in aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
09.08.2010 Renu/-