Learned A.G.A. files counter affidavit, which is taken on record.
Heard the learned counsel for the applicant and learned A.G.A. for the State as well as perused the documents available on the record.
The accused-applicant Israil Banjara is involved and detained in Case Crime No. 20 of 2008, under Sections 395, 397, 412 I.P.C. and 3(i) of U.P. Gangster Act, from Police Station Saadulla Nagar, District Balrampur 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. During the course of investigation as many as seven accused were arrested by the police in police encounter case. They were said to have made confessional statements before the police. While making confessional statements, they named the present accused applicant also who was not arrested by the police on the spot. There is no other evidence against the accused applicant except the confessional statements of the co-accused which is not admissible against the accused applicant. No incriminating article was found in possession of the accused applicant. The further submission of the accused applicant is that all the co- accused in this case who were said to have been arrested by the police have already been ordered to be released on bail by this Court. Therefore, the present accused applicant also deserves to be released on bail.
Learned A.G.A. opposed the bail application of the accused applicant.
Considered the submissions of the learned counsel for the accused applicant and the learned A.G.A.
Keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merit of the case, the accused applicant may be released on bail.
Let applicant Israil Banjara 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.
21.06.2010 Sanjay/-