Having heard the learned counsel for applicant, the learned A.G.A. for State, upon perusal of material brought on record, nature and gravity of offence, evidence, complicity of the accused, accusation made and coupled with the fact that two of the named/charge-sheeted accused, namely, Virendra Kasana and Smt. Mamta Agrawal have already been acquitted of the charges so framed against them vide judgement and order dated 18.11.2005 passed by the court below in Sessions Trial No.07 of 2005 (State Vs. Virendra Kasana and another) under Sections 147, 302, 34 and 201 IPC, police station Saiyan, district Agra as such the prosecution has failed to establish the very story which it set out to prove, prima facie there is nothing to show over and above the judgement of the Session's Court noted above therefore, irrespective of the fact that the applicant had jumped the bail, considering the clean antecedents of the applicant, the period of incarceration undergone and irrespective of the objections raised by the learned A.G.A. in opposition to the application for bail but, without making any comments on the merits of the case, the applicant has made out a case for bail.
