NETA Vs. STATE OF U P

JUDGEMENT

(1.) SECOND supplementary and rejoinder affidavits filed today are taken on record. Heard the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.413 of 2008, under Sections 147, 302/201 I.P.C., Police Station Bheera, District Kheri. As against the genuineness of the prosecution case and proposed evidence it is submitted that the entire case is based on suspicion and there is no direct evidence of the alleged incident. The complicity of the applicant is said to be based on his own confessional statement. Co-accused Rajendra Prasad Verma to whom the role of strangulation was attributed, has already been enlarged on bail vide (Annexure-5). The role which the applicant has attributed himself according to his confessional statement is that of sitting on the chest of the deceased. It is said that therefore his case stands on a better footing than parity. He is said to be in jail from 29.03.2008. In respect of criminal history it is said that in case Crime No.412 of 2008, under Sections 407, 324, 504, 506 I.P.C. he is already on bail which he has not misused and there is no other case 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 (Neta) 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.