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Ajit Rai v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 26267 of 2006 [2006] RD-AH 20284 (30 November 2006)


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Hon'ble Ravindra Singh, J.

  Heard learned counsel for the applicant and the learned A.G.A. Sri Ravindra Rai and Sri Bipin Paney, learned counsel for the complainant.

        It is submitted by learned counsel for the applicant that according to the prosecution version the alleged occurrence has taken place on 12.9.2006 at about 8.00 a.m., its F.I.R. was lodged on 12.9.2006 at about 8.45 against the applicant and three other co-accused persons alleging therein that they caused injury by using country made pistol, lathi and danda but the eye witness Ajai Kumar Rai in his statement under section 161 Cr.P.C. that the applicant and other co-accused persons caused fire arm injury on the person of the deceased. The case of the applicant is distinguishable with the case of other co-accused persons.

In reply to the above contention it is submitted by the learned A.G.A. that the applicant is having criminal antecedent. In case he is  released on  bail she shall tamper with the evidence.

In view of the facts and circumstances of the case and submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.

Let the applicant Ajit Rai involved in case crime no. 763       of 2006  under Sections 302,504,506              I.P.C.,  P.S. Suhwal District Ghazipur                          be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned. with the condition that the applicant shall not tamper with the evidence and he shall  report to the court of C.J.M. concerned in the first week of each month till conclusion of the trial to show his good conduct.  

In default of the above condition the bail granted to him shall be deemed cancel.

Dated: 30.11.2006



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