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Brijesh @ Pappu v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 24542 of 2006  RD-AH 19236 (15 November 2006)
Hon'ble Ravindra Singh, J.
Heard learned counsel for the applicant and the learned A.G.A.
It is submitted by learned counsel for the applicant that there was a dispute between husband and wife. The co-accused Sukdeo alias Babblu is the husband of the deceased. The applicant is the maternal uncle's son. During investigation the statement of father and mother of the co-accused Sukdeo was recored. They stated that the deceased has been murdered by the co-accused Sukdeo by way of throttling her neck. No role has been attributed to the applicant by them. Subsequently, it is stated that the applicant and the co-accused has taken away the dead body. At the most the offence under section 201 I.P.C. is made out against the applicant because at the time of the commission of the murder the applicant was not present there. The case of the applicant is distinguishable with the case of co-accused Sukdeo.
In reply to the above contentions, it is submitted by the learned A.G.A. and the learned counsel for the complainant that the applicant is extending threat to the witnesses.
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 the merits of the case the applicant is entitled to be released on bail.
Let the applicant Brijesh alias Pappu involved in case crime no. 424 of 2006 under Sections 304,201 I.P.C.P.S. Chhawani District Basti be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
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