RAM NARESH ALIAS SIYA RAM VERMA Vs. STATE OF U P
LAWS(ALL)-2009-4-738
HIGH COURT OF ALLAHABAD
Decided on April 02,2009

RAM NARESH ALIAS SIYA RAM VERMA Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Alok K. Singh, J. - (1.) COUNTER and supplementary 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.5403 of 2008, under Sections 302, 201 I.P.C., Police Station Kotwali Lakhimpur, District Kheri. It is submitted on behalf of the applicant that the entire case is based on circumstantial evidence which does not constitute a complete chain. It is also urged that co-accused Acchhey Lal Pasi, having similar allegation against him that of catching hold, has already been enlarged on bail after elaborated consideration of the matter vide order of this Court dated 26.03.2009 passed in Criminal Miscellaneous Case No.1991 (B) of 2009 (Annexure SA-1). He is said to be in jail from 09.12.2008. In para 15 it is claimed that there is no criminal history 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 fact that the entire case is based on circumstantial evidence which does not constitute a complete chain and also keeping in view the ground of parity, I find it to be a fit case for granting bail. Let the applicant (Ram Naresh @ Siya Ram Verma) 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.;


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