SATPAL Vs. STATE

JUDGEMENT

(1.) THIS bail application has been moved on behalf of the applicant, Satpal, who is involved in Case Crime No. 1645 of 2009, under Section 302 I.P.C., Police Station Khatauli, District Muzaffar Nagar.

(2.) THIS bail application was heard on 12.09.2011. On that date, Mr. Ashok Nath Tripathi, learned counsel for the applicant, Mr. Amit Daga, learned counsel for the complainant and learned A.G.A. were present and they were heard.

(3.) IT has been submitted from the side of the applicant that the applicant is in jail since 30.10.2009, that he is innocent and has been falsely implicated in this case due to enmity. It has further been submitted that the witness Abhay Singh is a witness of Panchayatnama and at the time of preparation of the inquest report he did not disclose it to anyone that he had seen the applicant coming from the side of the place where the dead body of the deceased was found. It has further been submitted that even in his application dated 17.10.2009 Malkhan has not disclosed the name of the applicant. It has further been submitted that for the first time when the witnesses were examined for the third time by the I.O. the name of the applicant has surfaced. Learned counsel for the applicant has vehemently argued that it is a case in which no one has seen the real incident of murder. He has further submitted that it is totally a case of circumstantial evidence. There is no evidence on record regarding the motive or enmity on the part of the applicant against the deceased. It has also been contended that though a recovery of a country made pistol has been shown from the custody of the applicant but the same has not been correlated to the alleged offence with the help of any forensic report.