VISHNU PRAKASH AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri R. P. Dwivedi and Sri Aklank Jain, learned Counsel for the applicant and the learned A. G. A. for the State as well as Mr. B. B. Paul who has filed consent accorded by the learned G. A. for appearing to assist the prosecution.

(2.) THE applicant Vishnu Prakash Agarwal has applied for bail in Case crime No. 247 of 2007, under Sections 147, 148, 149, 307, 120-B 302 I. P. C. , P. S. Jagdishpura District Agra.

(3.) IT was submitted by the learned Counsel for the applicant that the above statement of Pallawi recorded after lapse of 18 days from the date of incident does not inspire any confidence and she is actually a tutored witness. He further submitted that even if this statement is believed to be true, the only role assigned to the applicant is that he threw Gungun on the floor and pushed cloth in her mouth. He pointed out that there is no allegation to this effect that any injury was caused to her and she is still alive; and no other active role has been assigned to the applicant, who, according to the statement of Pallawi was outside the room where murder of Soni and Arpit was committed, and she has simply alleged that the applicant had thrown Gungun on the floor and pushed cloth in her mouth and so bail should be granted to him.