Applicant- Pramod @ Saroj seeks bail in case crime No. 616 of 2009, under sections 302/201/120-B IPC, police station Tarwa, district Azamgarh.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is not named in the First Information Report. His name has surfaced in the statement of co-accused Rajesh Yadav after his arrest, thus his case is distinguishable from the case of co-accused. He further contends that similarly placed co-accused Awadhesh Yadava @ Kariya has been granted bail by another Bench of this Court on 8.2.2010 vide Criminal Misc. Bail Application No.2685 of 2010, thus the applicant also deserves to be released on bail at this stage.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Considering the totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant- Pramod @ Saroj involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 2.4.2010 Mt/