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Satish Chandra Sharma v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 15144 of 2005  RD-AH 9829 (18 May 2006)
CRIMINAL MISC. BAIL APPLICATION NO.15144 OF 2005
Satish Chandra Sharma..........................Applicant.
State of U.P........................................Opposite Party.
Hon. Mrs. Poonam Srivastava, J.
Heard Sri Viresh Misra, Senior Advocate assisted by Sri P.C. Srivastava learned counsel for the applicant and learned A.G.A. for the State.
It is a case of circumstantial evidence. The Chaukidar reported recovery of the dead body from a filed of one Subraj Kol of Village Modi, P.S. Khiri, District Allahabad. Learned counsel for the applicant submits that according to the statement given by father of the deceased, she had eloped with the applicant while she was aged about 13 years. A criminal case was instituted at police station Colonelganj at case crime no. 43 of 2000 under Sections 363, 366 I.P.C. Post mortem report reveals that age of the deceased was approximately 35 years. One Kallu @ Vijai Raj gave his statement on 11.2.2005 stating that his wife Kaushalaya aged about 32-35 years had gone to her Nani place from where she was kidnapped. He also identified body of the deceased to be that of his wife on the basis of tattoo mark on her hand and one chain, which she was wearing, when her body was recovered. On the basis of aforesaid statement, the applicant has been implicated in the present case. Sri Misra submits that the applicant cannot be connected with the offence at this stage. Identity of the deceased has been fixed on the basis of her photograph, which again cannot be said to be sufficient material. The applicant is in jail since considerable length of time.
In view of the facts and circumstances of the case and submissions made by the learned counsel for the applicant and without expressing any opinion on merits of the case, the applicant is entitled to be released on bail with the conditions that:
a. the applicant shall not tamper
with evidence; and
b. the applicant shall report to the
court of learned C.J.M. concerned in the first week of each month. In default, the bail granted to the applicant shall be deemed cancelled.
Let applicant Satish Chandra Sharma s/o Jagdish Chandra Sharma be released on bail in Case Crime No. 6 of 2005, under Sections 302, 201, 120-B I.P.C., Police Station Khiri, District Allahabad on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
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