JUDGEMENT
Alok K. Singh, J. -
(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.15 of 2009, under Section 302 I.P.C. and 3(2)V S.C./S.T. Act, Police Station Bheera, District Kheri. As against the genuineness of the prosecution case and proposed evidence it is submitted that the complicity of the applicant is said to be based on his alleged confessional statement which itself is a weak type of evidence unless it finds support from any other substantive evidence which in this case is lacking. The F.I.R. is admittedly against unknown persons. It is said that no recovery is alleged and there is no criminal history against him. He is said to be in jail from 11.02.2009. 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 submissions made hereinabove, I find it to be a fit case for granting bail. Let the applicant (Brij Kishore @ Pandey) 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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