Heard learned counsel for the applicant, learned A.G.A. for the State. The accused Jumman @ Jummi is involved in Case Crime No.2378 of 2009, under Sections 302 and 201 I.P.C. from Police Station Pasgawan, District Kheri.
The submission of the learned counsel for the applicant is that the accused applicant was not named in the F.I.R. and he was arrested by the police during the course of investigation. The accused made confessional statement before the police that he had illicit relation with the wife of the deceased. The deceased was hurdle between him and his wife. The accused, therefore, committed murder of the deceased. The statement of the two witnesses thereafter recorded who are said to have supported this fact that they had seen the deceased in the company of the accused when they were going to take liquor on the liquor shop but these witnesses did not tell about this fact to any one of the deceased disappeared. The confessional statement of the accused is not admissible and the witnesses appear to be got up witnesses who have been introduced by the Investigating Officer just to give shape the prosecution story. In fact there is no evidence against the accused applicant. Therefore, the accusedapplicant deserves to be released on bail. Learned A.G.A opposed the prayer for bail.
Considered the submission of the learned counsel for the applicant and the learned Additional Government Advocate, without expressing any opinion on the merits of the case, applicant may be released on bail. Let applicant Jumman @ Jummi 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. Order Date :- 21.6.2010 Amit