BABALU Vs. STATE OF U.P.

JUDGEMENT

(1.) COUNTER affidavit filed today, which is taken on record. Sri Moti Lal and Smt. Meera has filed their Parcha on behalf of the applicant which is taken on record.

(2.) APPLICANT - Bablu seeks bail in Case Crime No. 553 of 2011, under section 302, 301 IPC, Police Station Gauri Bazar, District Deoria.

(3.) AS against the genuineness of the prosecution case and the complicity of the applicant it is submitted on behalf of the applicant that as would be apparent from the perusal of the FIR itself it was got registered on 07.09.2011 at about 8.00 a.m. i.e. on the next date on the basis of the suspension only. It is submitted that there is no direct evidence at all and the prosecution case stands upon the circumstantial evidence against the applicant. The circumstantial evidence is also of fragile in nature which does not constitute complete chain. It is also pointed out that complicity of the applicant is said to be based on the confessional statement of the applicant alleged to be recorded on 08.09.2011 before the police and the recovery of the weapon of assault (knife) from the open paddy field from joint pointing out of the applicant and other co -accused persons on the same day i.e. 8.9.2011. He further argued that such recovery is not supported by any independent witness and the recovery of joint pointing out is not admissible under section 27 of the Indian Evidence Act. Confessional statement before the police on 8.9.2011 is meaningless unless it is corroborated by any substantial piece of evidence. He further argued that admittedly the relations between other co -accused persons and the informant were little strained and civil dispute was also going on between them but that could not possibly furnish any adequate motive for this terrible exhibition of violence committing the murder of minor girl aged about 10 years. He further argued that his case is distinguishable from the case of other co -accused persons. Moreover, the applicant being in jail since 9.9.2011 having no criminal history to his credit, deserves to be released on bail at this stage.