Allahabad High Court
Shahanshah vs The State Of U.P. on 3 February, 2010
Author: Raj Mani Chauhan
Bench: Raj Mani Chauhan
Court No. 20
Criminal Misc. Case No. 788 (B) of 2010
Shahanshah ...Versus... State of U.P
Hon'ble Raj Mani Chauhan,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The accused-applicant Shahanshah is involved and detained in Case Crime No. 1728 of 2009, under Sections 302, 201, 364 I.P.C., Section 2/3 U.P. Gangster Act and Section 4/25 Arms Act, from Police Station Kotwali Nagar, District Sultanpur and he has applied for bail.
The submission of the learned counsel for the accused applicant is that the accused applicant is not named in the F.I.R. The entire prosecution case rests on circumstantial evidence. The police during the course of investigation arrested Shesh Mani alias Binnu Verma and Vinod Kumar Maurya. The accused Vinod Kumar Maurya is said to have made confessional statement before the Investigating Officer involving the present accused applicant too. The co-accused Shesh Mani alias Binnu Verma has already been ordered to be released on bail by this Court, vide order dated 28.1.2010, passed in Criminal Misc. Case No. 565 (B) of 2010. There is no evidence against the accused applicant except the confessional statement of co-accused Vinod Kumar Maurya which is not legally admissible evidence against the accused applicant. In this way the chain of circumstantial evidence is not complete to draw inference that the accused applicant is involved in the commission of the murder of the deceased. The accused applicant, therefore, deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considering the submissions of the learned counsel for the accused applicant, learned A.G.A. as well as keeping in view the totality of the facts and circumstances of the case and the fact that the co- accused Shesh Mani alias Binnu Verma has already been ordered to be released on bail, without expressing any opinion on the merit of the case, the accused applicant may be released on bail.
Let applicant Shahanshah be released on bail in the 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.
03.02.2010 Sanjay/-