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Bheem v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 146 of 2006  RD-AH 402 (6 January 2006)
Court No. 19
Crl. Misc. Bail Application No.146 of 2006
Bheem .....Vs.....State of U.P.
Hon'ble Alok Kumar Singh, J.
Supplementary affidavit has been filed today. Let it be taken on record.
Heard learned counsel for the applicant and learned A.G.A. and also perused the material on record.
The applicant Bheem is involved in case crime No.997 of 2005, for the offence under Section 302, I.P.C., Police Station Loni, district Ghaziabad.
It is alleged that the complainant's brother (deceased) owns a house and several shops in Ashok Vihar main road Delhi Saharanpur Loni road, district Ghaziabad. On 30.10.2005 he had gone to realize rent. At about 9.15 p.m. the complainant was however informed that his brother's body was lying in front of the house. The report was consequently lodged without naming any body.
In respect of the genuineness of the prosecution case and involvement of the accused it was argued that he was not named in the F.I.R. He has been falsely implicated merely on the basis of an extra judicial confession allegedly made before witness Manoj Kumar. It is also noteworthy the statement of Manoj Kumar was recorded after about 1 month on 30.11.2005. There is no other evidence in respect of involvement of the accused in the alleged crime.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court regarding proposed evidence and genuineness of the prosecution case were duly considered.
In view of the entire facts and circumstances of the case, taking into consideration some of the arguments, advanced on behalf of the applicant in respect of the points discussed herein above particularly extra judicial confession, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.
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