Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The accused Munna @ Rasool Ahmad, S/o Farchand, R/o Village Lalpur Bazar, P.S. Laharpur, District Sitapur is involved and detained in case crime no. 1803/09 under Sections 304/201 IPC, from P.S. Hargaon, District Sitapur and he has applied for bail.
The submission of learned counsel for the applicant is that as per prosecution case Rahmatullah the brother of the complainant Basruddin, S/o Dhore, R/o Mohrsa, P.S. Hargaon, District Sitapur left his house on 27.9.2009 in the company of the accused Munna @ Rasool Ahmad in search of match for his daughter who thereafter did not return back. Smt. Mumtaj the wife of the Rahmatullah lodged a missing report on 22.10.2009 at Police Station Hargaon. The complainant and his other family members on 31.10.2009 were in search of Rahmatullah, the accused Munna @ Rasool Ahmad met them on the way when they asked about Rahmatullah he initially avoided to tell about him but later on he confessed that there had been some altercation between him and Rahmatullah. He had given Danda blow on his head consequently he succumbed to his injuries. He has thrown his dead body in a canal. Learned counsel submits that the only evidence against the accused is extra judicial confession made by him in presence of the complainant and other family members. There is no other evidence on the case diary to connect the accused with the commission of the murder of the deceased, therefore, he deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considered the submissions of learned counsel for the applicant and learned A.G.A. for the State. The prosecution case rests on extra judicial confession of the accused. 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 may be released on bail.
Let the applicant Munna @ Rasool Ahmad be released on bail in the aforesaid case crime number on his furnishing a personal bond of two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 24.6.2010 Santosh/-