Heard learned counsel for the applicant-accused, learned A.G.A. and perused the record.
Accused Ratnesh Trivedi alias Ashish Trivedi is involved and detained in Case Crime No.318 of 2008, under Sections 147, 149, 302, 201/34, 328 I.P.C, from P.S. Harchandpur, District Raibareli and he has applied for bail.
The submission of the learned counsel for the applicant is that the entire prosecution case rests on circumstantial evidence only. The circumstantial evidence available against the accused-applicant is that he forcibly wanted to have love affairs with the sister of the complainant, who was his brother-in-law (Bahnoi). The complainant had scolded the accused prior to the date of occurrence and forbidden him not to visit his residence again. The accused felt annoyed. The accused was seen near the house of the complainant on 19.5.2008. The dead body of Ankita Pandey the sister of the complainant was found on the next day. There is no evidence on the case diary that any one had seen the deceased in the company of the accused. In this way the chain of circumstantial evidence is not complete to draw any inference that the accused had committed the murder of the deceased. On the other hand the wife of the accused had informed the complainant that the deceased had gone to the house of Vinay Shankar Dixit, who is also accused in this case but he has already been ordered to be released on bail. Therefore, the present accused-applicant deserves to be released on bail.
Learned A.G.A. opposed the bail application. Considered the submission of the learned counsel for the applicant and the learned Additional Government Advocate. The prosecution case rests on circumstantial evidence only. Keeping in view the totality of the facts and circumstances of the case without expressing any opinion on the merits of the case, accused-applicant may be released on bail.
Let applicant Ratnesh Trivedi alias Ashish Trivedi 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.
07.01.2010.
Prajapati/-