Heard the learned counsel for the applicant and learned A.G.A. for the State as well as perused the documents available on the record.
The accused-applicant Tannu alias Shivshanker is involved and detained in Case Crime No. 132 of 2010, under Section 365 I.P.C., from Police Station Chinhut, District Lucknow and he has applied for bail.
The submission of the learned counsel for the accused applicant is that as per prosecution case, the accused applicant Tannu alias Shivshanker gave Rs. 500/- to Shiv Kumar Vishwakarma and took him to have a look of Gomti Nagar, Lucknow and thereafter he did not return back. The submission of learned counsel for the accused applicant is that Shiv Kumar Vishwakarma was living at the house of Babu Lal Yadav (Doodh Wale). He had affairs with Pushpa, the niece of Babu Lal Yadav (Doodh Wale). He had disappeared with Pushpa. The Investigating Officer had not arrested Babu Lal Yadav (Doodh Wale) who was one of the accused in this case. The offences are triable by the Magistrate. The accused applicant is in jail since 16.4.2010. Therefore, he deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considered the submissions of the learned counsel for the accused applicant and the learned A.G.A.
Keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merit of the case, the accused applicant may be released on bail.
Let applicant Tannu alias Shivshanker be released on bail in the 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.
30.06.2010 Sanjay/-