SANDEEP KURMI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.360 of 2007, under Sections 147, 148, 149, 302 I.P.C. and 3 (2) (V) S.C./S.T. Act, Police Station Ramkot, District Sitapur. It is submitted that the applicant has been named in the F.I.R. only on the basis of suspicion. During investigation only evidence of extra judicial confession has been collected by the Investigating Officer for which it is contended that the applicant did not make it. It is also urged that co-accused Sarvesh Kumar having similar allegation against him, has already been enlarged on bail (Annexure-5). There appears to be no contest on the ground of parity. He is said to be in jail for the last about two years. It is claimed in para 15 that there is no criminal history against him. The bail is however, opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the ground of parity, I find it to be a fit case for granting bail. Let the applicant (Sandeep Kurmi) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.