RAM RAHEES 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.1395 of 2008, under Sections 302, 201 I.P.C., Police Station Pasgaon, District Lakhimpur Kheri. As against the complicity of the applicant it is submitted that the same is based on the circumstantial evidence of last seen. Further it is pointed out that as mentioned in the bail rejection order dated 17.02.2009 according to the confessional statement the applicant had caught hold of the hand of the deceased while the main role of tightning the neck of the deceased with the help of Gamchha has been assigned to co-accused Pramod (non-applicant). Similarly the role of causing injuries on his neck by means of knife has been assigned to another co-accused Sheo Kumar (non-applicant). There is no criminal history against the applicant. He is said to be in jail from 04.12.2008. However, the bail is 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 fact that the entire case is based on circumstantial evidence and also keeping in view the alleged role of the applicant, I find it to be a fit case for granting bail. Let the applicant (Ram Rahees) 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.