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Mahendra @ Mehman @ Rajesh Patel vs State Of U.P.

High Court Of Judicature at Allahabad|30 July, 2010


Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant has contended that the case is based on circumstantial evidence and there was nothing against the applicant in the missing report and thereafter father of the deceased had moved an application on 23.11.2008 to the S.O. Police Station Badagaon alleging therein that his son had gone with the applicant and Ashok Gupta and since then he did not return. It is further contended that there is no other evidence against the applicant and the applicant has been falsely implicated in this case and even the dead body could not be identified prior to moving the application on 23.11.2008.. The applicant is in jail since 24.11.2008.
Learned A.G.A. has contended that there is allegation against the applicant that the applicant was involved in committing murder of the deceased.
Initially the FIR was lodged under section 279 and 304 IPC which was against unknown accused persons. On the basis of the application moved by the father of the deceased name of the applicant appeared.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the court in support of the charge, the applicant is entitled to be released on bail.
Let the applicant Mahendra alias Mehman alias Rajesh Patel involved in case crime no. 247 of 2008, under section 302, 201 IPC, P.S. Badagaon, District Varanasi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 30.7.2010 Masarrat
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Mahendra @ Mehman @ Rajesh Patel vs State Of U.P.


High Court Of Judicature at Allahabad

30 July, 2010