Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
It is contended by the learned counsel for the applicant that the applicant was not named in the FIR and co-accused Sidhi alias Anoop and Raj Kumar have already been released on bail and that the case is based on circumstantial evidence.
Learned A.G.A. contended that he has no instruction.
Perused the FIR and bail orders of the co-accused. The applicant is not named in the FIR. The recovery has been made after one and half year of the occurrence. Co accused have already been allowed bail. Even co-accused Raj Kumar against whom specific role has been assigned has already been allowed bail by this Court.
Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Sunil @Chhotu involved in Case Crime No. 457 of 2008,S.S.T. No. 136/2008 under Sections 394, 302, 411 IPC & Section 3(2)(5) SC & ST Act, Police Station Jagdishpura , District Agra be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 10.5.2010 SU.