SANGAM NISHAD ALIAS SAHANI Vs. STATE

JUDGEMENT

(1.) HEARD Sri S.S. Tripathi and Sri A.P. Tiwari, learned counsel for the applicant, learned A.G.A. and Sri V.P. Srivastava, Senior Advocate assisted by Sri K.P. Pandey, learned counsel for the complainant.

(2.) THIS bail application has been moved by the applicant Sangam Nishad with a prayer that he may be released on bail in case crime No. 1174 of 2010 under sections 147, 148, 149, 364-A, 302, 201, 120-B, 404, 506 IPC, P.S. Mehdawal, District Sant Kabir Nagar.

(3.) IT is contended by learned counsel for the applicant that the applicant is not named in the FIR, he has not been put up for identification, his name has been disclosed by the co-accused Ripunjay Singh, Ashutosh Singh @ Ashu, Shalok Kanaujia, Ranvijay Singh, Rajan Yadav and Kranti Kumar who were allegedly apprehended by the police on 8.2.2011 have made the confessional statements. From the possession of the co-accused Ripunjay Singh @ Rana Singh the Bajaj Platina motorcycle belonging to the deceased was recovered. At the pointing out of the co-accused Ripunjay Singh, the cap, shirt, shoes of the deceased, containers and bucket, Daav and Bhujali were recovered which were identified by the brother of the deceased. But the name of the applicant and co-accused Julum Chaudhary were disclosed by them. The applicant surrendered before the court concerned on 19.2.2011, thereafter he was taken on the police custody remand. The recovery of the mobile phone of the deceased was planted by the I.O. by alleging that it was recovered by the applicant from the back of the house of co-accused Rana Singh by digging the earth. The recovery of the mobile of the deceased at the pointing out of the applicant is not supported by any independent witness. The allegation that the recovered mobile was used in demanding the ransom in which the voice of the deceased was also recorded who were demanding the money is absolutely false and baseless. The co-accused Kranti Kumar and Rajan Yadav have been released on bail by the another bench of this court on 18.5.2011 in Criminal Misc. Bail Application No. 12806 of 2011 and on 30.5.2011 in Crl. Misc. Bail Application No. 14075 of 2011. The above mentioned co-accused were apprehended by the police have made the confessional statement on 8.2.2011. The applicant is in jail since 19.2.2011, he may be released on bail.