High Court of Judicature at Allahabad
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Mewa Lal Mandal And Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 15277 of 2006  RD-AH 12483 (28 July 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicants and learned A.G.A.
It is contended by the learned counsel for the applicants that the applicants are not named in the F.I.R. and there is no direct eye witness account in the present case. The case is based on circumstantial evidence. The only evidence against the applicants is that they had made an extra judicial confession before one Anil Mandal. It is contended by the learned counsel for the applicants that the applicants have not made any confessional statement before any person and nothing incriminating was recovered from their possession or on their pointing out.
It is opposed by the learned A.G.A. by submitting that the case is of year 1993. The applicants were avoided their arrest. Ultimately they were arrested from Delhi and they are resident of Bihar. In such circumstances, the possibility of their absconding is too much, in case they are released on bail.
After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicants and without expressing any opinion on the the merits of the case, the applicants are entitled to be released on bail.
Let the applicant Mewa Lal Mandal and Nand Lal involved in Case Crime No. 99 of 1993, under Section 302 I.P.C., Police Station Vijai Nagar, District Ghaziabad be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned. with the condition that:-
1.the applicants shall appear before the police station concerned in the first week of each month till the conclusion of the trial,
2.They shall not tamper with the evidence,
3. the sureties shall be of heavy amount and of district Ghaziabad,
in default of any condition the bail granted to them shall automatically deemed to be cancelled.
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