JUDGEMENT
V.D.Chaturvedi -
(1.)-Heard. The applicant Bharat Singh is involved in offences punishable under Section 364A/302/201, I.P.C. Police Station Chaubepur district Kanpur Dehat.
(2.)IT is alleged that the deceased Sunil worked in a factory at Dadanagar. On 27.6.2005 when he did not come back a report regarding his disappearance was given at police station Chaubepur. After his dead body was recovered, his post-mortem was conducted on 20.10.2006. The police submitted the charge-sheet on the evidence of the deceased's wife that Sunil was abducted for the ransom and on the evidence of witnesses Sanju, Sanjai and Kailash that Sunil was last seen with the applicant and co-accused and also on the evidence that co-accused confessed before the witnesses Ram Khilawan and Sri Ram that the co-accused and the applicant Bharat had abducted Sunil for ransom but later they committed his murder.
Learned A.G.A. submits the criminal history of 24 cases against the applicant.
The applicant's counsel requests for bail stating that the evidence of last seen could be collected 22 months after the incident ; that the co-accused Mewa Lal and Dashrath Singh and Sushil Kumar have been granted bail by this Court.
(3.)THE applicant's counsel relied upon the judgment of this Court given by another Bench wherein the accused having the criminal history of 56 cases, was released on bail. THE said case is in Pawan Kumar v. State of U. P., 2007 (1) JIC 680 (All) : 2006 (3) ACR 2548.
The applicant's counsel's explanation about the last seen evidence is of denial and that the evidence was collected after inordinate delay of 22 months.
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