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RAM TIRTH versus STATE OF U.P.

High Court of Judicature at Allahabad

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Ram Tirth v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8200 of 2006 [2006] RD-AH 10902 (4 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. (Mrs.) Saroj Bala, J.

This is an application for bail moved on behalf of the applicant Ram Tirth involved in case Crime No. 346 of 2005 under section 302 I.P.C., Police station Shamshabad, district Farrukhabad.

Heard Sri A.P. Tiwari, learned counsel for the applicant, learned AGA and have perused the record.

The applicant is said to have committed the murder of his cousin brother in the night between 28/29-5-2005. The first information report was lodged without naming the assailants.

The learned counsel for the applicant submitted that the prosecution case depends on circumstantial evidence and the only  circumstantial evidence collected  by the Investigating Officer is that the applicant  was seen armed with sharp edged  weapon on the fateful night and made an extra judicial confession about the commission of  offence before the  village pradhan.

The learned AGA submitted that besides the aforesaid incriminating evidence the recovery of the sharp edged weapon used in the commission of murder ( Tikori) was made in pursuance of the disclosure  statement of the applicant and at his pointing out.

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

The prosecution case rests on  circumstantial evidence. The applicant is said to have been seen armed with sharp edged weapon in between the night of 28/29-5-2005 at about 12 p.m. and made an extra judicial confession about the commission of the offence to the village pradhan. Looking to the nature of circumstantial evidence, I consider it to be a fit case for bail.

Let the applicant Ram Tirth involved in case Crime No. 346 of 2005 under section 302 I.P.C., Police station Shamshabad, district Farrukhabad, be released on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

D/-4.7.2006

Mahmood-8200-06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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