RAM PAL Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER and rejoinder affidavits filed today are taken on record. Heard the learned counsel for the applicants, learned A.G.A. and perused record. The applicants are involved in Case Crime No.570 of 2008, under Section 302 I.P.C., Police Station Mawai, District Faizabad. It is submitted on behalf of the applicants that the co-accused Mahadeo having similar allegation against him, has already been enlarged on bail by this Court's order dated 26.03.2009 passed in Criminal Miscellaneous Case No. 1852 (B) of 2009. There is no quarrel on the point of parity. However, it is also pointed out that the entire case is based on circumstantial evidence of last seen which does not constitute a complete chain. They are said to be in jail from 20.11.2008. 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 applicants (Ram Pal and Puttalli @ Putalli) be enlarged on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the Magistrate/court concerned.