Hon'ble Anil Kumar Agarwal,J.
Heard the learned counsel for the appellant, the learned A.G.A. and perused the lower court record.
The learned A.G.A. files coutner affidavit.
From the perusal of the record it appears that according to the prosecution version the deceased has gone in the company of the appellant on 10.9.1998 at about 9.00 p.m. thereafter he did not return in the morning of 11.9.1998, the dead body of the deceased was found near Saraswati Vidya Mandir, thereafter the F.I.R. was lodged on 11.9.1998 at 10.20 a.m. The case is based on circumstantial evidence, the evidence of last seen is against the appellant. It is alleged that from the possession of the appellant Maruti Car using in carrying the deceased has been recovered but Maruti Car was not having any blood stained and nothing incriminating has been recovered from the Maruti Car.There is no eye witness account. There is no other evidence agaisnt the appellant . In such a situation we fee it roper to release the appellant on bail.
Let the appellant Shahnawaj @ Guddu convicted in S.T. No. 429 and 430 of 2004 under Sections 302/34,364/34 I.P.C. and 25 Arms Act P.S. Sikandrabad District Bulandshahar 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.
The realization of fine shall remain stayed during the pendency of the appeal.
Order Date :- 1.2.2012 N.A.