Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49375 of 2018 Applicant :- Ram Karan Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Karan Yadav,Ramesh Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been moved by the applicant Ram Karan who is involved in Case Crime No. 50 of 2018, under Section 302/34 I.P.C., Police Station-Pailani, District-Banda.
As per prosecution version, deceased Shiv Lakhan younger brother of informant Ram Lakhan has gone to sell vegetable on 13.4.2018 in market of Rampur. He could not return at his residence in the night. On the next date i.e. 14.4.2018 at 5:56 AM his dead-body was recovered from Turri Nala. Informant lodged first information report on the same day at 11:27 AM naming the applicant and other three co-accused on the basis of suspicion.
Learned counsel for the applicant contended that except suspicion made by the informant in the first information report, there is no evidence against the applicant. On 14.4.2018 forged recovery of blood stained T- shirt was shown to be recovered from the possession of the applicant and on his information, the alleged wooden stick was also shown to be recovered.
Learned A.G.A., has not filed any counter affidavit in compliance of the order dated 10.1.2019 but opposed the bail application. However, he admitted the fact that except recovery of blood stained T-shirt and blood stained stick, there is no evidence against the applicant.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant-Ram Karan, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 21.1.2019 Jaswant