Onkar Nath Prasad vs Mamta Devi & Ors

Heard the learned counsels appearing for the parties and

perused the documents on record.

The petitioner has been made an accused in Hanwara

P.S. Case No.10 of 2017, registered for offence punishable under

Sections 302/376/452/34 IPC .

Contending that name of the petitioner transpired in the

confessional statement of co?accused? Din Dayal Singh who had

earlier disclosed the place where the incriminating articles were

concealed, the learned counsel for the petitioner submits that the

alleged statement of the petitioner before the police indicating the

same place from where incriminating articles were recovered cannot

be taken as a fact discovered under Section 27 of Evidence Act. It is

submitted that the petitioner, who is in judicial custody since

05.02.2017, deserves bail in the instant application.

Mr. R.K. Sinha, the learned counsel appears for the

informant. Opposing the prayer for grant of bail, Mr. Krishna

Shankar, the learned A.P.P. submits that the petitioner and

co?accused? Din Dayal Singh both were arrested on the same day,

that is, on 05.02.2017. At the instance of the accused persons

incriminating articles were recovered. The petitioner is facing charge

for offence under Sections 376 and 302 IPC .

Having regard to the facts and circumstances of the case,

I am not inclined to grant bail to this petitioner and accordingly, this

application stands dismissed.