ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER 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.5664 of 2008, under Sections 302, 201 I.P.C., Police Station Kotwali Lakhimpur, District Lakhimpur Kheri. It is submitted that the entire case is based on circumstantial evidence particularly of last seen which does not constitute a complete chain. It is also submitted that if the prosecution story regarding first part of the incident of slapping the deceased by the applicant about 15 days before, is correct then why at all the deceased would go after 15 days with the same person. The report of this case has been lodged after recovery of the dead body in the well near the house of co-accused Suresh (non-applicant). It is claimed in para 31 that there is no criminal history against the applicant. He is said to be in jail from 28.12.2008. 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 which does not constitute a complete chain, I find it to be a fit case for granting bail. Let the applicant (Ashok Kumar) 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.