Heard learned counsel for the applicant and learned A.G.A. for the State.
The accused-applicant Shesh Mani alias Binnu Verma is involved and detained in Case Crime No. 1728 of 2009, under Sections 302, 201, 364 I.P.C. Section 4/25 Arms Act and Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1886, from Police Station Kotwali Dehat, District Sultanpur.
The submission of learned counsel for the applicant is that as per prosecution version, the deceased had left his house in the evening of 12.07.2009 and later on he informed through his mobile phone No. 9889318291 that he will come late in the night and told his family members to take their night meals and go to sleep. Thereafter neither he returned back nor his dead body was found. The complainant informed about this fact to the police of police station Kotwali Nagar on 17.07.2009. Thereafter the accused applicant was arrested by the police on 05.08.2009. The broken spectacles of the deceased is said to have been recovered from the possession of accused applicant. On the pointing out of accused applicant, a piece of rope is said to have been recovered which is alleged to have been used by the accused in the commission of murder of deceased.
Learned counsel for the applicant contends that the case rests on circumstantial evidence only. No motive has been assigned by the prosecution to the accused as to why he wanted to eliminate the deceased. None of the prosecution witnesses is said to have seen the deceased in the company of accused. It will be most unnatural that the accused would have been carrying on the broken spectacles of the deceased even after more than 25 days of the occurrence. In fact, the accused was going to contest the election for the Chairmanship of the District Cooperative Bank. The rivals of the accused have falsely implicated him in this case just to side track him from the political track. The circumstantial evidence available against the accused is not sufficient to infer that he had committed murder of the deceased. Learned counsel for the applicant further contends that accused has been challanned under Section 2/3 U.P. Gangsters Act. A criminal history of four cases including the present case has been shown against the accused applicant in the gang chart. In two cases, he has already been acquitted and in third case he is on bail. Fourth case is present case in which there is no evidence available against him to prove his involvement. Therefore, accused applicant deserves to be released on bail under the Gangster Act too.
Learned A.G.A opposed the bail application.
Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate. The prosecution case rests on circumstantial evidence. 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 Shesh Mani alias Binnu Verma 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.
28.01.2010 Renu/-