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Amrish Kumar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 13344 of 2006  RD-AH 12619 (1 August 2006)
Crl. Misc. Bail Application No.13343 of 2006.
Amrish Kumar --------- Applicant
State of U.P ---- Opp. Party.
Heard learned counsel for the applicant, learned counsel for complainant and learned A.G.A.
The case is dependent on circumstantial evidence. The learned counsel for complainant has cited (2003) 1 Supreme Court Cases 534, Sahadevan Alias Sagadevan Vs. State Represented by Inspector of Police , Chennai and submitted that if the prosecution on the basis of reliable evidence establishes that the missing person was last seen in the company of the accused and was never seen thereafter, held, it is obligatory on the accused to explain the circumstances in which the missing person and the accused parted company.
The learned counsel for the complainant has also submitted that if the circumstances relied upon by the prosecution are proved beyond doubt, then the absence of motive would not hamper a conviction. This view has been expressed after the parties have adduced the evidence and the case was finally decided. Moreover, in this case the circumstances are not shown strongly as revealed by the affidavit and its annexures. The applicant is not named in the F.I.R. Even in the statement of complainant Rajendra Singh, the applicant is not named. The statement of Bijendra Singh, witness, was recorded who took the name of applicant Amrish Kumar. He also claimed that the applicant along with others took the deceased in jungle and then murdered him. If it was within his knowledge he could have definitely informed his other brother Rajendra Singh, complainant.
Thus, considering the above fact and circumstances of the case I find it a fit case for bail. The applicant is admitted to bail.
Let applicant Amarish Kumar be released on bail, in case Crime No. 131 of 2006. under Sections 302,201,120-B I.P.C, Police Station Babugarh, district Ghaziabad on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned.
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