JEEPAL versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Jeepal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11115 of 2006 [2006] RD-AH 10603 (12 June 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. (Mrs.) Saroj Bala, J.

This is an application for bail moved on behalf of the applicant Jeepal involved in case Crime No. 191 of 2006 under sections 302, 201, 34, I.P.C. Police station Bhamaura, district Bareilly.

Heard Sri S.N. Singh, Advocate, holding brief of Sri A.K. Upadhyay, learned counsel for the applicant, learned AGA and have perused the record.

The learned counsel for the applicant submitted that the only evidence against the applicant is of last seen in the company of the deceased. The learned counsel submitted that no recovery of incriminating weapon or any other material has been made from the possession of the applicant or on his pointing out.

The learned AGA submitted that the only incriminating circumstance is of last seen the victim in the company of the applicant and co-accused.

I have taken into consideration the submissions advanced on behalf of both the parties.

The prosecution case depends on circumstantial evidence. The victim is  last seen alive in the company of the applicant and co-accused. No recovery of  incriminating article was made from the possession of the applicant or at his pointing out. In view of these facts, I consider it to be a fit case for grant of bail.

Let the applicant Jeepal involved in case Crime No. 191 of 2006 under sections 302, 201, 34, I.P.C. Police station Bhamaura, district Bareilly, be released on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

D/-12.6.2006

Mahmood-11115-06

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