Heard learned counsel for the applicant, learned A.G.A. for the State.
The accused-applicant Balraj Gosai alias Balraj Goswami is involved in Case Crime No.167 of 2009, under Sections 302, 201, 120B I.P.C., from Police Station Mohammadpur Khala, District Barabanki.
The submission of learned counsel for the applicant is that the prosecution case rests on circumstantial evidence. The circumstantial evidence collected by the I.O. Is the statement of witnesses Ram Kumar Goswami and Awadh Ram Goswami, who are relative of the complainant. They had seen three accused Balraj Goswami, Mankeshwar Goswami and Mohit Goswami throwing away the dead body of a person from a culvert. There is no other evidence against the accused. The witnesses being relative of the complainant are highly interested witnesses. Co-accused Mohit Goswami has already been ordered to be released on bail by this Court, vide order dated 10.11.2009 passed in Criminal Misc. Case No.5868(B) of 2009. The co-accused Mankeshwar Goswami has also been ordered to be released on bail by the Sessions Judge. The role of present accused-applicant is the same as the role of other co-accused. Therefore, accused deserves to be released on bail.
Learned A.G.A opposed the prayer for bail.
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 facts and circumstances of the case as well as keeping in view the fact that to co-accused have already been ordered to be released on bail having the similar role as the present accused without expressing any opinion on the merits of the case, applicant may be released on bail.
Let applicant Balraj Gosai alias Balraj Goswami 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.
08.01.2010.
Prajapati/-