Heard learned counsel for the applicant, learned A.G.A. for the State.
The accused-applicant Banti alias Shivjeet Singh is involved in Case Crime No.474 of 2009, under Sections 302, 201 and 120B I.P.C. from Police Station Payagpur, District Bahraich.
The submission of learned counsel for the applicant is that the complainant has named the accused-applicant in the first information report on the ground of suspicion. He is not eye witness of the occurrence. None has seen any accused committing the murder of the deceased. The Investigating Officer examined witnesses, namely, Satendra Singh, Jagdish and Lautan Pasi. Satendra and Jagdish had disclosed that the accused-applicant Banti @ Shivjeet Singh has confessed before Lautan Pasi that he had committed the murder of the deceased. Lautan Pasi had disclosed this fact to them but the Lautan Pasi in his statement has stated that Banti @ Shivjeet Singh had never confessed before him that he had committed the murder of the deceased. In this way there is no evidence against the accused-applicant. He has been charge-sheeted by the Investigating Officer without any evidence. The accused-applicant, therefore, deserves to be released on bail.
Learned A.G.A opposed the bail application.
Considered the submissions of the learned counsel for the applicants and the learned Additional Government Advocate. Keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, the accused-applicant may be released on bail.
Let applicant Banti @ Shivjeet 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. 22.01.2010.
Prajapati/-