Heard Shri A.B.L. Gaur, the learned senior advocate for the applicant, Mr. B.N. Rai for the informant and the learned AGA and perused the record.
Mr. A.B.L. Gaur, the learned senior counsel submitted that the applicant is neither named in the FIR nor any eye witness account has come forward till the date against him. He has been implicated in this case only on the basis of his confessional statement made to the police in police custody. It was also submitted that the telephonic call details do not indicate that the applicant had any telephonic talk with the deceased. The only evidence against the applicant is of recovery of bloodstained stone, which was allegedly made after about 22 days of the occurrence. It was further submitted that the recovery has been planted to implicate the applicant in this case. The girl, with whom the deceased is alleged to have a love affair, was no doubt daughter of the applicant's brother but the applicant used to live separate from his brother Rajendra Prasad Singhal.
Mr. B.N. Rai, the learned counsel for the informant submitted that the confessional statement of the applicant coupled with the recovery of the bloodstained stone are sufficient to make out a prima facie case against the applicant.
There does not appear to be any reasonable ground to believe that the applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of offence and evidence, complicity of the accused, the severity of punishment and submissions of the learned counsel for the applicant and the learned AGA, I am of the view that the applicant has made out a case for bail.
Let the applicant Rishi Kumar Singhal involved in the case crime no.560 of 2009 under sections 364, 302, 201 and 120-B IPC, police station Kheragarh, district Agra, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the CJM concerned.
Order Date :- 4.2.2010 RKSh