Heard learned counsel for the applicant and learned A.G.A. for the State. The accused-applicant Subhash Sharma alias S.N.Tripathi alias Alok Pandey alias Pappu Bhaiya alias A.K. Singh alias Manoj Kumar Sharma is involved in Case Crime No. 267 of 2008, under Sections 394, 302, 411, 120-B I.P.C., from Police Station Manak Nagar, District Lucknow.
The submission of learned counsel for the applicant is that on the written report of complainant Prem Chopra, police of police station Manak Nagar, District Lucknow registered a case under Sections 394, 302, 411, 120-B I.P.C. against two unknown accused. Later on, four accused, namely, Sushil Dwivedi, Naved Khan, Mahendra Kumar Rawat and Raju Awasthi are said to have been arrested by the police in police encounter case. They are said to have confessed before the police that they had committed murder of Daljeet Singh and looted his cash. The co- accused named the present accused also. The present accused applicant had neither confessed his involvement in committing murder of the deceased nor any incriminating article was recovered from his possession. The only evidence available against the accused applicant is confessional statement of co-accused which is not admissible in evidence. All the co-accused have already been ordered to be released on bail. Therefore, the present accused applicant also deserves to be released on bail.
Learned A.G.A opposed the bail application.
Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate. Keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, applicant may be released on bail.
Let applicant Subhash Sharma alias S.N.Tripathi alias Alok Pandey alias Pappu Bhaiya alias A.K. Singh alias Manoj Kumar Sharma 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.
06.01.2010 Renu/-