Arjun Singh vs State of U.P.

Alok K. Singh, J.

Counter affidavit filed today is 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.606 of 2008, under Sections 302, 394, 201, 411, 120B I.P.C. & 2/3 U.P. Gangster Act, Police Station Laharpur, District Sitapur.

As against the complicity of the applicant it is submitted that there is no allegation against the applicant and had no role in the alleged robbery of the tractor. According to prosecution case after robbery of the tractor along with its driver the same was taken near the field of the applicant where he along with his son were waiting. The main role of the robbery has been assigned to coaccused Sarvajeet (nonapplicant). Further according to the story the driver was killed by means of Banka which was being wielded by coaccused Munnu and Shera (both nonapplicants). Learned counsel for the applicant submits that merely because the dead body was recovered from his field he has been implicated on the ground of suspicion and the police has recorded confessional statement in the desired manner. It is also said that there is no eye witness account and the entire case is based on the extra judicial confession, other confessions and heresay evidence. There is also no recovery from him. The applicant also claimed his age to be 60 years but according to counter affidavit his age is 52 years only. It is also claimed that there is no criminal history against the applicant. He is said to be in jail from 01.11.2008.

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 having regard to the fact that the entire case is based on an extra judicial confession, other confessions and heresay evidence and also there is no recovery from him, I find it to be a fit case for granting bail. Let the applicant (Arjun Singh) 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.